South Tyneside Metropolitan Borough Council (24 014 424)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 23 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response following an incident involving a Council officer and Ms X. The Council have investigated Ms X’s concerns and taken action. Therefore, there is no worthwhile outcome achievable by us investigating. Nor can we achieve the outcome she is seeking in any case.
The complaint
- Ms X was unhappy with the manner she was spoken to by a Council employee at a leisure facility. She said this left her feeling threatened and humiliated. She said the Council should have taken formal action against its employee.
The Ombudsman’s role and powers
- 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 cannot achieve the outcome someone wants, or
- There is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X was unhappy with her experience involving a Council employee at a leisure facility and she complained about this. The Council investigated her concerns and explained what action it had taken in response. Given the Council’s explanation of the action it took, these are appropriate actions and what we would expect to see.
- Ms X was unhappy this did not amount to formal action against the employee. We do not get involved in discipline matters as this is for the Council to decide. Therefore, we cannot achieve this outcome for Ms X even if we were to investigate.
- Therefore we will not investigate this complaint, because of these considerations I have described above. There is no worthwhile outcome achievable by us investigating.
Final decision
- We will not investigate Ms X’s complaint because here is no worthwhile outcome achievable by us investigating and we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman