The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a Council employee’s post on social media, because it is not an action the Council is responsible for.
The complaint
Mr B says a Council employee posted a photograph on social media of Mr B’s car saying how easy it was to steal. Because of this Mr B has bought security cameras and equipment to protect his vehicle. Mr B is anxious about potential theft of his vehicle which is affecting his sleep. Mr B wants the Council to pay for the security devices and measures he has taken.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.
My assessment
Although the Council employee may have been in Mr B’s road for the purpose of their work, posting a photograph on social media was not an action the employee took in the exercise of the functions of the Council.
The Council is not responsible for actions its employees take in their personal life.
Mr B’s claimed injustice of the cost of installing security equipment and devices does not flow directly from any administrative function of the Council.
Final decision
We will not investigate Mr B’s complaint because it is not about an action that the Council is responsible for.
Investigator's decision on behalf of the Ombudsman