Summary: We will not investigate Mr X’s complaint about two phone calls with a Council officer. This is because it is unlikely a further investigation by this office could add to the response already provided via the Council’s own investigation of the first phone call. We will not investigate Mr X’s complaint about the second phone call because it has not yet been considered via the Council’s complaints procedure.

The complaint

1. Mr X complains about two telephone calls he had with a Council officer about highway matters. Mr X says the officer’s behaviour in the first phone call was unprofessional and offensive as he repeatedly asked Mr X to “dial it down”. Mr X complains the Council officer’s second phone call was inappropriate as he had already raised a complaint about the first phone call.

Back to top

The Ombudsman’s role and powers

2. It is our decision whether to start an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. 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 an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X has complained to us about two phone calls made by a Council officer. I am only considering Mr X’s complaint about the first phone call. This is because Mr X’s complaint to the Council was only about the first phone call. We can only consider complaints about matters the Council has already had the opportunity to consider and respond to via its full complaints procedure. It remains open to Mr X to raise a complaint to the Council about the second phone call.
8. The Council investigated Mr X’s complaint about the first phone call. It considered the information Mr X provided and questioned the officer about the call. The officer did not recall using the phrase “dial it down” during the conversation. He did say he had difficulty explaining things to Mr X as he was speaking over him. He recalled trying to manage the conversation by asking to be heard. He also noted Mr X did not seem to be able to hear him very well during the call. It is likely, from the information provided by both parties, that this was caused by poor reception during the call. Having considered both accounts the Council decided not to take any further action.
9. We will not investigate Mr X’s complaint. This is because it is unlikely a further investigation of the matter by this office could add significantly, if at all, to the response already provided by the Council via its own investigation of the matter.
10. The Council took suitable action in investigating Mr X’s concerns. It considered both accounts of the call. There are differing recollections about exactly what was said during the call. I have no reason to doubt either party’s recollection of what was said and there is no further evidence to consider. The available information has already been obtained and considered via the Council’s own investigation. There is nothing further we could add were we to also investigate. As such, it would not be a good use of limited public resources for us to also investigate.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it is unlikely a further investigation by this office could add to the response already provided via the Council’s previous investigation.

Back to top

Investigator's decision on behalf of the Ombudsman