Summary: We will not investigate this complaint about the Council’s handling of Ms X’s complaint about actions of a Council staff. This is because there is not enough evidence of fault, in how the Council considered the matter, to justify investigating.

The complaint

1. Ms X complains that Y, a Council employee, defrauded her by issuing a fraudulent rental contract, which caused her distress.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X stated that the Council rejected her complaint and failed to consider it in sufficient detail.
6. The Council rejected Ms X’s complaint on the basis that it did not concern actions carried out by an employee in the course of their duties. It therefore considered the matter to fall outside its corporate complaints process. The Council said it would investigate the matter internally; however, Ms X would not be informed of the outcome as it relates to an employee matter.
7. I have reviewed the complaint and the Council’s response. The complaint does concern the actions of a Council employee acting in a personal capacity, rather than on behalf of the Council. The Council’s view that the complaint falls outside its corporate complaints process is reasonable. It is therefore entitled to deal with the matter through its internal procedures. Therefore, I will not investigate this complaint because there is not enough evidence of fault in how the Council considered the matter.

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Final decision

8. We will not investigate Ms 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