Summary: We will not investigate Mr X’s complaint about defamation of character. This is because further investigation would not lead to a different outcome and we cannot investigate personnel matters.

The complaint

1. Mr X complains the Council told untrue information about him to its contractor. He says the Council’s actions have defamed his character and damaged his reputation. He wants the Council to apologise and take appropriate disciplinary action against the officer involved.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• 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))

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How I considered this complaint

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

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My assessment

7. In response to Mr X’s complaint, the Council said it accepted there was no evidence to support the comments he says its officer made to its contractor. It apologised to Mr X for the comments and for any distress they may have caused.
8. It said it acknowledged the relationship between Mr X and the officer involved had irretrievably broken down. It would ensure any further contact from Mr X was dealt with by other members of the relevant team.
9. We will not investigate this complaint. The Council has apologised for any distress caused by the comments which is an appropriate remedy. It is unlikely further investigation by us would add to this investigation or lead to a different outcome. Although Mr X wants the officer to face further disciplinary action, we cannot investigate personnel matters and so cannot achieve this.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome and we cannot investigate personnel matters.

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Investigator's decision on behalf of the Ombudsman