Summary: We will not investigate this complaint alleging Council officers breached the Employee Code of Conduct, and the Council covered up wrongdoing. We cannot consider the actions of a third- party Forum as this is not an administrative function of the Council. We have seen no evidence of fault in the way the Council decided not to investigate the complaint about its Officers.

The complaint

1. Mr X complains the Council refuses to investigate his complaint under its corporate complaint procedure.
2. He also says the Council:
• failed to ensure its employees followed its Employee Code of Conduct
• allowed employees to discriminate against disabled people; and
• covered up wrongdoing.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
5. 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 investigating.

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

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complains the Council has covered up wrongdoing by its employees and others. In his complaint to the Council Mr X referred to the actions of two Council officers sitting on a third-party Forum. The Council confirms it sends officers to represent the Council to the Forum. However, as the Council is not the authorising/responsible body for the Forum, it directed Mr X to the relevant responsible body.
9. As the Council is not the responsible body for the Forum, we cannot investigate the decisions or actions made by the Forum.
10. Mr X says the Council refuses to consider his complaint that two Council officers discriminated against disabled people which is contrary to the Council's Employee Code of Conduct.
11. The Council says the officers attending the Forum voted to accept actions proposed by the new Chairperson. It says the recommendation was proposed to the Forum in person and all members were asked whether they supported the proposal or not.
12. The Council has an Employee Code of Conduct for all staff which sets out the minimum standards required for them to maintain and promote confidence in the integrity of the Council. Any breach of the code could result in disciplinary action.
13. It is for the Council to ensure it sends suitably and professionally qualified officers to attend the Forum. It is also for the Council to ensure its officers follow the Employee Code of Conduct, decide if there has been a breach and take any necessary action. The Council decided not to investigate Mr X’s complaint against its officers who attended the Forum as it considers they had the right to vote and express their own opinion. This is a decision it is entitled to make.

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Final decision

14. We will not investigate Mr X’s complaint because:
• we cannot consider the actions of the Forum as this is not an administrative function of the Council; and
• there is insufficient evidence of fault in the way the Council decided not to investigate Mr X’s complaint that officers breached the Employee Code of Conduct .

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Investigator's decision on behalf of the Ombudsman