Summary: We will not investigate this complaint about a Council Officer making rude remarks about the complainant. The Council has apologised for any possible inappropriate or indiscreet remarks made by the Officer. We consider this is an appropriate remedy and further investigation will not lead to a different outcome.

The complaint

1. The complainant, I shall call Ms X says a Council Officer made inappropriate remarks about her to her builder, encouraging the builder to get rid of her as a client.
2. Ms X wants the Council to:
• acknowledge the comments were inappropriate and unprofessional
• the Officer to retract his statement
• write to the builder explaining the Officer’s comments are no reason to excuse the builder from his contractual obligations; and
• compensate her for the cost of employing another builder

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation
• further investigation would not lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says her video doorbell recorded the Council Officer making derogatory remarks about her to her builder. And encouraging the builder not to continue to work for her.
7. In response to my enquiry, Ms X advised that she has not kept the video evidence in which the Council Officer made the remarks. This was because the sound quality was poor. She did however, provided to video clips of the builder in which he says he has not done a good job. However, these clips do not include the Council Officer.
8. The Council has apologised for failing to consider this complaint as part of a wider complaint Ms X had previously made. If has apologised for the circumstances leading to the complaint. It has also reminded its Building Control Team of the importance of addressing people with respect, in and out of their presence.

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Final decision

9. We will not investigate Ms X’s complaint because we consider the Council’s apology to be a suitable remedy to the complaint Ms X’s contractual issues with her builder are a civil matter for which she needs to take her own legal advice and/or action.
10. Further investigation of this complaint will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman