Summary: We will not investigate Mr X’s complaint about the way his complaint about a matter affecting his relative’s personal relationship was dealt with by the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are unlikely to be able to add anything to the Council’s investigation.

The complaint

1. Mr X complains about the Council’s failure to investigate his complaint about what happened in his relative’s personal relationship arising from the actions of staff working for the Oxfordshire Fire and Rescue Service.
2. Mr X complains that 68 minutes after sending his complaint to the Council, he and his wife received abusive text messages about matters he had just complained about.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start an investigation if we decide we are unable to add to the Council’s investigation (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

My assessment

6. Oxfordshire County Council is the Fire and Rescue Authority in Oxfordshire. Certain administrative and operational aspects of the Fire Authority’s actions are within our jurisdiction.
7. Mr X complained about the actions of Fire Authority staff impacting his relative’s relationship. He then complained about his complaint not being kept confidential.
8. The Council says it has considered his complaint and found policies and procedures were not adhered to and action has been taken. It says it cannot share anything further as that would mean sharing confidential employment details.
9. As outlined in paragraph five, our remit prohibits us considering any complaint that is about how an organisation has dealt with a personnel or human resources issue.
10. We will not investigate this complaint. The information I have seen shows the Council has investigated Mr X’s complaint adequately but is unable to share the outcome due to employment law considerations . We would not be able to add more by investigating given the matters complained about relate to staff conduct/employment issues rather than administrative matters.

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Final decision

11. We will not investigate Mr X’s complaint because we will not be able to add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman