Summary: We will not investigate Mr X’s complaint about a Council officer’s actions outside of her work for the Council. This is because an investigation by this office would not be able to add to the response already provided by the Council via its investigation of the matter.

The complaint

1. The complainant, whom I shall call Mr X, complains about a conversation a Council employee had with his ex-wife, outside of her work for the Council and about the advice the employee gave her.

Back to top

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. We do not start 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 organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained to the Council about a conversation a Council officer had with his ex-wife and about the advice she gave his ex-wife during this conversation. The conversation took place outside of the officer’s work, in her own time, and was not carried out in a work capacity.
7. The Council investigated. It confirmed the officer had no professional or working relationship with Mr X’s ex-wife and she had not spoken to her in a work capacity. It was a conversation which took place in the officer’s private life as a private citizen not as a Council employee. As such it explained it would not investigate the matter further.
8. This is not a matter we will investigate. The Council has already confirmed the officer was not visiting or speaking to Mr X’s ex-wife in her work capacity, it was a private conversation. This is not a matter for the Council. There is nothing further we could add to the Council’s consideration and response on this matter. This is a complaint about the private actions of a person and not about the actions of an employee on the Council’s behalf.
9. I note Mr X says he has informed the police of the conversation as well as the family court. If he considers there to be a criminal element to what was said then this is the appropriate route. We cannot investigate allegations of crime. That is a matter for the police to investigate.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we could not add to the response the Council has already provided via its own previous investigation.

Back to top

Investigator's decision on behalf of the Ombudsman