Summary: The Ombudsman will not investigate this complaint about the behaviour of a Council officer. This is because the Ombudsman cannot achieve the outcome the complainant wants. The complainant has also not been caused any personal or significant injustice by the matter.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about a Council officer carrying out work in the private sector while employed by the Council. Mr X says this is a conflict of interests and the Council should take disciplinary action against the officer.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. Mr X has complained about a building control officer from the Council carrying out work in the private sector. Mr X says this is a conflict of interests and the officer is taking work away from other individuals.
5. In response to Mr X’s complaint the Council has said it has procedures in place to ensure any additional employment undertaken by its employees is not detrimental to the Council’s interests.

Assessment

6. I will not investigate this complaint as the Ombudsman cannot achieve the outcome Mr X wants. Mr X says the Council should take disciplinary action against the officer. But the Ombudsman has no power to make recommendations of disciplinary action against a Council employee and cannot get involved with personnel issues. Mr X has also not been caused any personal injustice by the matter.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because he cannot achieve the outcome Mr X wants. Mr X has also not been caused any personal injustice.

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Investigator's decision on behalf of the Ombudsman