The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a Council officer’s inappropriate behaviour towards her. This is because an investigation by this office could not add to the response and remedy already recommended via the Council’s previous investigation.
The complaint
The complainant, whom I shall call Miss X, complained to the Council about a Council officer’s inappropriate behaviour towards her during the course of his work. This included concerns that the officer asked her inappropriate questions, shared his personal telephone number with her and asked Miss X if she would go out with him. He also looked at Miss X’s personal messages and photographs on a messaging app.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6)) We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about a Council officer’s inappropriate behaviour towards her, as summarised in paragraph 1, above.
Miss X said the officer’s actions had a significant impact on her and caused her a great deal of anxiety and distress and impacted her confidence and relationship with the Council and other bodies.
The Council investigated. It upheld Miss X’s complaint in full. It acknowledged the distress and anxiety this fault caused Miss X. It made the following recommendations: that formal management action be taken in relation to the officer; that it issues an apology to Miss X and makes a payment of £200 for the distress and anxiety the matter caused her and that it considered a restorative meeting between Miss X and the officer.
The payment the Council has recommended to acknowledge the distress and anxiety to Miss X is in line with our guidance on remedies. Our remedies are not intended to be punitive and we cannot award compensation in the way a court might. However, we may recommend a symbolic payment to acknowledge distress caused by fault. This is what the Council has recommended. From the information I have considered I am satisfied the Council has offered a suitable remedy for the distress and anxiety caused by the Council’s fault. As such, an investigation by this office could not add to the response already provided via the Council’s previous investigation.
Final decision
We will not investigate Miss X’s complaint. This is because the actions the Council has already recommended, via its own investigation, provide a suitable remedy for the acknowledged fault and the distress it caused Miss X. There is nothing further an investigation by this office could add.
Investigator's decision on behalf of the Ombudsman