The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about matters relating to his employment. This is because the Council is not Mr X’s employer and an investigation by this office would not be able to add to the response the Council has already provided on this matter.
The complaint
The complainant, whom I shall call Mr X, complains about matters relating to his employment as a carer. He complains a social worker lied to try to get him sacked from his role. He also complains he has had funds removed from his bank account and he has not been paid for several months.
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 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) We do not start or continue an investigation if we decide: we could not add to any previous investigation by the organisation, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about matters relating to his employment as set out in paragraph one, above.
In response, the Council explained to Mr X that it was not his employer and it could not consider the employment issues he raised. Mr X works as a carer and is directly employed by families who receive direct payments.
The Council says there is currently an ongoing criminal investigation into alleged offences connected to Mr X’s employment. Mr X has been interviewed in relation to this. The Council says it will not consider the matter further whilst there is an ongoing criminal investigation.
We will not investigate Mr X’s complaint. This is because an investigation by this office would not be able to add significantly to the response the Council has already provided on this matter. The Council has explained and confirmed to Mr X that it is not his employer and so it is not responsible for the employment matters he has raised. This is a matter for Mr X to raise directly with his employers.
We cannot consider any matters that are subject to an ongoing criminal investigation as crime is a matter for the police and ultimately the courts to consider and decide.
Final decision
We will not investigate Mr X’s complaint because an investigation by this office could not add to the response the Council has already provided and we cannot consider matters that are subject to a criminal investigation.
Investigator's decision on behalf of the Ombudsman