Summary: We will not investigate this complaint about the Council’s decision not to investigate the actions of a former employee. This is because there is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision not to investigate the actions of a former employee.

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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 not enough evidence of fault to justify 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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council in 2025 about the conduct of a former employee. He said the incidents took place in 2023 and 2024. He also said he was concerned the employee had accessed his data.
6. The Council confirmed the employee had not worked for the council since late 2023. The Council advised there was no evidence the employee had accessed Mr X’s data and it would not be investigating the matter.
7. Mr X wants us to find the Council at fault. The Ombudsman would not expect the Council to investigate a former employee’s conduct from several years ago. An investigation would be unlikely to find fault with the Council’s actions.
8. If Mr X is unhappy with the way his data has been managed, this is a matter for the Information Commissioner’s office.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman