Summary: We will not investigate this complaint about the Council’s repeated failure to use Mx. X’s correct pronouns. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Mx. X complained to the Council that employees have repeatedly used the wrong pronouns on the phone with them. Mx. X also complained that employees have not followed the correct process.

Back to top

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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mx. X complained to the Council after contact centre employees repeatedly misgendered them and behaved unprofessionally.
6. The Council investigated by listening to the calls. The Council upheld Mx. X’s complaint and apologised for their experience. The Council offered Mx. X a £100 goodwill award and told them the shortfalls identified would be followed up with the employees involved.
7. Mx. X remains unhappy with the Council’s actions and wants us to find it at fault. The Ombudsman does not exact punitive measures against Councils and would not investigate a complaint where the Council has already investigated and provided a proportionate outcome. In this case, the Council has acknowledged that what Mx. X experienced was unacceptable and apologised for it. It has also made a goodwill award offer that is reflective of the injustice Mx. X suffered. This is in line with what we would expect the Council to do. An investigation would be unlikely to result in a different outcome.

Back to top

Final decision

8. We will not investigate Mx X’s complaint because an investigation would be unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman