Summary: We cannot investigate this complaint about the actions of a Council employee outside of their work role. This is because the matter complained about is not an administrative function of the Council.

The complaint

1. Miss X complains about the conduct of someone who is employed by the Council. She feels the Council did not properly consider her complaint about this matter.

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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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint. This is because it relates to the actions of a Council employee outside of their work. The complaint is not about actions taken by, or on behalf of, the Council and it is not about an administrative function of the Council. The law does not allow us to investigate it. We have no discretion to do so.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

8. We will not investigate Miss X’s complaint because the matter complained about is not an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman