Summary: We will not investigate this complaint from Mr X about the conduct of Council employees. Mr X submitted his complaint late, and there is no good reason to consider it now. Even if the complaint was on time, we could not achieve the outcome he wants.

The complaint

1. Mr X complains about the conduct of two Council employees and says the Council has refused to investigate his complaint.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In March 2024, Mr X complained about the conduct of two Council officers who represented the Council at a meeting.
8. I consider Mr X’s complaint about this matter late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. It has been more than a year since the incident Mr X complained about. I see no good reason to exercise discretion to investigate the matter now as I consider Mr X could have complained to the Ombudsman sooner.
9. Even if the complaint was on time, I cannot achieve the outcome Mr X seeks. Mr X says the officers involved should be disciplined. I cannot recommend that the Council discipline or remove officers from their roles. Decisions about staff allocation rest with the Council, not the Ombudsman.

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Final decision

10. We will not investigate because the complaint has been made late and there is no good reason to consider it now. Even if the complaint was on time, we could not achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman