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

The complaint

1. X complains that a member of Council staff shouted at them. She says the Council refused to deal with her complaint about this matter and failed to justify this decision.

Back to top

The Ombudsman’s role and powers

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We cannot investigate X’s complaint about the actions of the Council employee, because it relates to their actions 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.
6. I will not investigate how the Council dealt with X’s complaint or that it failed to justify its decision not to investigate the issues raised. 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.

Back to top

Final decision

7. We cannot investigate X’s complaint because it is not about an administrative function of the Council.

Back to top

Investigator's decision on behalf of the Ombudsman