Summary: We will not investigate this complaint about the conduct of Council employees because there is no worthwhile outcome achievable by our investigation. Mrs Y has also not suffered significant personal injustice.

The complaint

1. Mrs Y complains about the conduct of Council employees. She says the employees have breached the Council’s Code of Conduct.
2. Mrs Y also complains about the Council’s incorrect decision to take enforcement action against her. She says this was selective enforcement.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

4. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

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

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My assessment

7. Mrs Y complained to the Council about the conduct of its employees. The Council explained that it would handle this in line with its whistleblowing policy.
8. The Council explained that it could not give Mrs Y any further information due its obligations around confidentiality but told her that an internal investigation would take place and any action taken would be under its Human Resources procedures.
9. We expect the Council to investigate this matter thoroughly, in line with its relevant policies and procedures. However, it is not for the Ombudsman to decide whether disciplinary action should be taken against Council employees. There is no worthwhile outcome achievable by our investigation, and therefore we will not investigate this part of the complaint.
10. Mrs Y says the Council took incorrect enforcement action against her. The Council apologised for this and admitted its mistake. It withdrew the enforcement notice. I do not consider Mrs Y suffered significant personal injustice therefore we will also not investigate this part of the complaint. This is because the Council withdrew the enforcement notice, and it did not start taking enforcement action against Mrs Y.

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Final decision

11. We will not investigate Mrs Y’s complaint because there is no worthwhile outcome achievable by our investigation. Mrs Y has also not suffered significant personal injustice.

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Investigator's decision on behalf of the Ombudsman