Summary: Mrs X complained that a Council officer shouted and argued with her in a meeting. She said this caused unnecessary distress and upset. We do not find the Council at fault.

The complaint

1. The complainant, who I refer to here as Mrs X, complained that a Council officer shouted and argued with her in a meeting, lied, and did not work with her or her family. She said the officer still contacted her despite her complaint. She said there was a conflict of interest.
2. Mrs X said this caused her unnecessary distress and upset. She said it also caused her child distress and upset because they witnessed the officer shouting at Mrs X.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information and documents provided by Mrs X and the Council. I spoke to Mrs X about her complaint. Mrs X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.

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What I found

What happened

6. Mrs X had a meeting with a Council officer and other professionals. After this meeting, Mrs X complained to the Council that the officer (who I shall refer to as Officer B) argued with her and shouted at her during this meeting. Mrs X also complained that Officer B did not comply with legislation, had not worked with her, and had contacted her even though Mrs X told staff she would not work with Officer B.
7. The Council said there are occasions when the Council and parents are not able to reach an agreement, and Officer B has to deliver that message to parents on the Council’s behalf. It said Officer B’s role includes trying to seek resolution and find areas of agreement, which is not always going to be possible.
8. The Council accepted that Officer B did challenge Mrs X in the meeting. It considered Mrs X’s notes of the meeting but said it was not easy to pick up on the nuances of what had happened. The Council apologised for any offence Officer B’s conduct caused Mrs X.
9. The Council said it had spoken to others who attended the meeting, as part of its investigation into Mrs X’s complaint. It said those people did not feel Officer B acted unprofessionally.
10. The Council said it had spoken to Officer B. Officer B said they sought to be respectful but acknowledged they disagreed with Mrs X in front of the other people at the meeting. Officer B said they were sorry for how Mrs X saw their behaviour and how Mrs X felt.
11. The Council said it had recommended to a director that Officer B was reminded of the Council’s code of conduct and the behaviour it expects from staff.
12. The Council said the part of Mrs X’s complaint about not following legislation was part of a separate complaint to the Ombudsman so it would not address that further.

Analysis

13. Mrs X complained that a Council officer shouted and argued with her in a meeting.
14. I have seen Mrs X’s minutes of the meeting, and Council paperwork which has a record of that meeting. It is clear that Officer B disagreed with Mrs X. Mrs X was upset by this. But I have seen nothing which indicates that Officer B acted unprofessionally towards Mrs X. This is supported by the accounts of other professionals at the meeting.
15. I am not persuaded there is sufficient evidence to find the Council at fault.
16. Mrs X complained that Officer B still contacted her despite her complaint. Mrs X said there was a conflict of interest because Officer B contacted Mrs X even though her complaint about Officer B was ongoing.
17. When the Council investigated Mrs X’s complaint about Officer B, it decided that it was appropriate to move Officer B away from direct contact with Mrs X. But it allowed Officer B to continue working on Mrs X’s case. I find this is positive and was considerate of Mrs X’s feelings.
18. Despite this, Officer B did contact Mrs X after this decision had been made. While I find this was not best practice and it upset Mrs X, it is not significant enough to constitute fault.

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Final decision

19. I have completed my investigation. I do not uphold Mrs X’s complaint. This is because there is no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman