Summary: We will not investigate this complaint about Ms X’s contact with the Council. This is because there is no worthwhile outcome achievable by our investigation.

The complaint

1. Ms X complained that a Council officer, treated her unfairly, and with bias, during their contact with her. Ms X said this amounts to discrimination. Ms X said that she believes the Council should now review its policies to ensure it meets its Public Sector Equality Duty (PSED).

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by us investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X said the Council treated her in a way that was discriminatory and she raised a complaint with the Council.
6. The Council investigated the matter, reviewed the material provided by Ms X, consulted colleagues, and familiarised itself with the relevant legislation and policies. It also took legal advice. The Council provided Ms X with an explanation for why it took the actions it did, and why it believed these were carried out in line with its PSED.
7. The Ombudsman’s remit does not extend to making decisions on whether or not the Council has breached the Human Rights Act – this can only be done by the courts. But the Ombudsman can consider whether the Council has had regard to its PSED. On the available evidence, the Council has provided Ms X with an explanation for its actions alongside why it considered these actions met its PSED; that is appropriate.
8. We will not investigate Ms X’s complaint, because there is no worthwhile outcome achievable. The Council has already explained why it believes it was acting in line with its PSED. And we cannot say whether the Council has discriminated against Ms X or direct it to change its approach in the manner Ms X expects. If Ms X wants a definitive ruling on this point, she would need to raise the matter in court.

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Final decision

9. We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman