Summary: We will not investigate this complaint about the behaviour of a Council officer during a meeting with the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. Ms X has complained about the behaviour of an officer during a meeting at her property. Ms X says the officer made unprofessional and discriminatory comments and responded aggressively to her questions. Ms X says the Council has failed to uphold the principles of the Equality Act and she has been caused significant distress by the matter.

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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 investigating, or
• we could not add to any previous investigation by the council, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I am satisfied the Council properly looked into the issues Ms X raised. It considered Ms X’s concerns about what happened during the meeting and spoke to the officer involved. It said it believed the matter was a misunderstanding and the officer did not intend to cause Ms X any upset. I understand Ms X disagrees. But as the Council properly considered Ms X’s concerns it is unlikely I would find fault or that an investigation by the Ombudsman could add to the Council’s response.
7. Ms X says the Council discriminated against her and has not complied with the Equality Act. But we cannot say the Council has breached the Equality Act or discriminated against Ms X as this can only be done by the courts.

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Final decision

8. We will not investigate Ms X’s complaint because it is unlikely we would find fault or that an investigation would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman