Summary: We will not investigate the Council’s response to Mrs X’s complaint about a Council employee as there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs X is unhappy with the Council’s decision not to progress her complaint about allegations made by a Council employee about Mrs X.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start 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

4. I considered information provided by the complainant which includes the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council responded to Mrs X to saying it will not investigate. It declines to pursue her complaint stating the matters raised are not connected with the employee’s employment.
7. We will not investigate as there is not enough evidence of fault in the Council’s response to Mrs X. I recognise Mrs X is unhappy with the Council’s decision. However, this does not necessarily mean the Council has acted with fault. The information I have seen shows it has considered her concerns and responded appropriately providing its rationale for not progressing her complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman