Summary: We will not investigate X’s complaint that the Council defamed them. We cannot determine whether the Council defamed X or should pay compensation. These are matters for the courts.

The complaint

1. X says the Council posted inflammatory and defamatory information which could identify them on its website. They says this had a negative impact on their own and their family’s mental health.
2. X wants compensation for the damage they says the Council has caused them.

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The Ombudsman’s role and powers

3. 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 we cannot achieve the outcome someone wants.

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

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. X says the Council published defamatory statements about them, and wants compensation for damage caused.
8. The courts can consider that, so the restriction in paragraph four applies. Whether defamation has occurred is not straightforward legally. It is a matter for the courts.
9. The possible cost of court action does not automatically mean the Ombudsman should try to decide such points of law. X could ask for costs if court action succeeds. It is reasonable to expect X to go to court.
10. Also, X seeks financial compensation for damages caused by the Council’s actions. We cannot determine whether the Council was liable for damages or recommend the Council pay compensation. Only the courts can do this.

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Final decision

11. We will not investigate X’s complaint because we cannot decide whether the Council defamed them or achieve the outcome they are seeking.

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Investigator's decision on behalf of the Ombudsman