Summary: We will not investigate this complaint about the conduct of an officer. The Council has acknowledged the Officer’s behaviour fell short of that expected. It has apologised and arranged for further training. We cannot achieve the outcome the complainant is seeking. And we do not consider an investigation will lead to a different outcome.

The complaint

1. Miss X complains the Council failed to identify an Officer’s behaviour was wrong during a meeting. She wants the Council to arrange for a different Officer to deal with current and future planning matters concerning her property going forward.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X complained about the conduct of an Officer during a meeting. The Council arranged for an independent investigation into her concerns.
6. It acknowledged the Officer’s behaviour fell short of that expected. It said the Officer was concerned about his behaviour, allowing frustration and anger to exacerbate an already difficult meeting.
7. The Council has apologised for the Officer’s behaviour. It confirms it has arranged for further training for the Officer and refresher training for other officers who may experience similar situations. The Council does not consider it necessary to arrange for a different officer to deal with her property going forward. However, it has advised they will liaise with the planning agent rather than Miss X or her partner.
8. I understand Miss X wants the Council to ensure the Officer does not deal with any planning matters concerning her property going forward. However, we cannot involve ourselves in personnel matters. Therefore we cannot require the Council to provide a different officer to deal with Miss X’s property.

Back to top

Final decision

9. We will not investigate Miss X ’s complaint because:
• The Council has acknowledged the Officer’s behaviour fell short of expected standards. It has apologised and arrange for further training; and
• We cannot achieve the outcome Miss X is seeking.

We consider further investigation will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman