Summary: We cannot investigate Mrs X’s complaint about the actions of a Council employee outside of her work. This is because the complaint is not about an administrative function of the Council.

The complaint

1. The complainant, Mrs X, complains about the actions of a Council employee outside of her work. Mrs X says the employee is verbally abusive and has racially harassed her and her family.

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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 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)
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).

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council about the actions of one of its employees outside of their work. Mrs X complained the employee is being verbally abusive towards her and her family and has racially harassed them. Mrs X said the employee has referred to her role at the Council whilst harassing her.
8. The Council explained it could not accept responsibility for an employee’s actions outside of their work. However, it shared details of the issues raised with the employee’s manager and HR. The matters raised were discussed with the employee but it explained it could not share details with Mrs X as this was confidential to the employee. It said it would not consider the matter further as it was a private dispute between Mrs X and the employee. It advised Mrs X that if she felt she was being racially harassed then this was a matter for the police.
9. We cannot investigate Mrs X’s complaint about the actions of a Council employee outside of her work. This is because the complaint is not about the Council’s actions and is not about an administrative function of the Council.
10. We also cannot investigate complaints about crime. Mrs X has already reported the employee’s actions to the police. Allegations of crime are a matter for the police to investigate and ultimately the courts to consider and decide.

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Final decision

11. We cannot investigate Mrs X’s complaint because it is not about an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman