Summary: We will not investigate this complaint about a Council Officer’s conduct. Further investigation would not lead to a different outcome.

The complaint

1. Miss X complained about a Council Officer’s conduct during a telephone call. She said she had received a warning letter for her own behaviour during the call, but the Council Officer had not faced any sanction. She also complained about the complaints handling. Miss X said she had lost trust in the Council. She wants an apology and compensation.

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The Ombudsman’s role and powers

2. 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:
• There is not enough evidence of fault to justify our involvement, or

• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council accepted the Officer spoke inappropriately to Miss X during a telephone call. It said any action taken in respect of the Officer was a private matter between employer and employee. It agreed to send Miss X a written apology. That apology remedies any injustice caused, further investigation by us would not lead to a different outcome.
6. The Council said that during its investigation, Miss X accepted she spoke with a raised voice in the call. It said she also spoke for a prolonged period in a critical manner. The Council said because of this it was satisfied it was appropriate to issue a warning letter for her own conduct. It made that decision in line with the appropriate internal guidance. There is not enough evidence of fault to justify our involvement.
7. Miss X is unhappy about how the Council handled her complaint. It is not a good use of public resources to investigate complaints about complaint procedures where we are not looking at the substantive matter.

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Final decision

8. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman