Summary: We will not investigate Ms Y’s complaint that a Council officer, dealing with her council tax account, was insensitive and dismissive about her health condition. The Council has taken appropriate action to remedy the injustice by apologising, paying Ms Y £150, and indicating it is taking action to ensure there is no repetition.

The complaint

1. Mr X complains for Ms Y that the Council has failed to fully remedy injustice caused to her as a consequence of a council tax officer who when informed Ms Y had a serious health condition was dismissive referring to ‘sob stories. Ms Y says has discriminated against her due to her disability and illness. She says it has not properly apologised or compensated her for the injury to her feelings. She also wants more to know what action is being taken against the officer and to ensure that other people do not suffer the same experience.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with a council’s actions or proposed actions. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have considered the information and comments and the Council’s replies to Ms X’s complaint.

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My assessment

4. I will not investigate this complaint because the Council has acknowledged the fault and provided a suitable remedy for the injustice:
5. The Council upheld Ms Y’s complaint having listened to the recording of the telephone call. It says the officer’s behaviour was not acceptable and below the Council’s service standard.
6. The Council acknowledged the impact and injustice caused to Ms Y. It says: ‘I would like to apologise for the behaviour of my team member and the upset this has caused you’. The officers who wrote to Ms Y have made clear they are sorry for what happened.
7. The Council in addition to the apology offered Ms Y £150 as a goodwill gesture. It says it is taking action to deal with the staff issue and to ensure that other members of the public do not have the same experience. Ms Y’s complaint to the Ombudsman says she also received some flowers and a note.
8. I have upheld this complaint but consider the Council remedied the injustice during its complaint procedure. There is no evidence of discrimination or other injustice. Disciplinary action is a matter for the Council not the Ombudsman.

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Final decision

9. The Ombudsman will not investigate Ms Y’s complaint that a Council officer was rude and dismissive about her health condition. The Council has taken appropriate action to remedy the injustice by apologising, paying Ms Y £150, and indicating it is taking action to ensure there is no repetition.

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Investigator's decision on behalf of the Ombudsman