Summary: We will not investigate this complaint about the actions of a Council employee outside of their work role. This is because they were not carrying out an administrative function of the Council.

The complaint

1. X complains about the actions of a Council employee.

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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. 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.

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Final decision

7. We will not investigate X’s complaint because it does not concern an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman