The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council Officer’s use of the incorrect pronoun when writing to the complainant. We are satisfied the Council’s response was a proportionate to the issues raised.
The complaint
The complainant, I shall call Ms X, complains the Council has failed to treat transgendered people with dignity and respect. They say the Council is adamant on addressing everyone as ‘Mr ‘ or ‘Mrs’ .
Ms X says the Council has given appalling customer service and caused them great distress, pain, and suffering. They want £275 compensation and the officer involved to be disciplined.
The Ombudsman’s role and powers
We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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)
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X is a transgender person. They previously advised the Council of their preferred pronouns. An officer referred to them as ‘Mr’ in an email. They asked the officer not to contact them again. Unfortunately, the officer did not see the email and wrote again - trying to resolve the initial query.
Ms X complained, asking for financial compensation, disciplinary action against the officer plus several demands on the way staff address residents and LGBTQ+ training issues.
The Council has given a formal written apology, assuring Ms X the Officer was not intending to cause distress. It also confirms the Officer has recognised the impact and offence his lack of consideration to the issue of gender identity caused and extends his personal regrets. The second email was sent as the Officer had not read the one from Ms X asking him not to contact her again.
The Council has explained its training program on its equality duty. It has confirmed that training on LGBTQ+ issues was arranged for all staff from the Council’s Neighbourhood Management Service in September. This highlighted the importance of using the correct pronouns when addressing residents.
I recognise the distress and anxiety this experience caused Ms X. However, the Council has acknowledged the distress caused, apologised, and explained it has ongoing training on equality and diversity issues.
Final decision
We will not investigate Ms X’s complaint. I am satisfied the Council’s response is proportionate and a monetary payment is not required. Also, the Ombudsman cannot involve himself in personnel matters, therefore we cannot require disciplinary action is taken against the Officer.
Investigator's decision on behalf of the Ombudsman