The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of a Council Officer during Miss B’s mobility assessment. This is because an Ombudsman investigation would not lead to a different outcome. Also, we cannot achieve the outcome Miss B wants.
The complaint
Miss B complains that the Council Officer displayed rude and bullying behaviour during her mobility assessment. Miss B says- the Council Officer would not allow her to bring her child into the appointment, ignored her when she asked questions and did not explain what was required of her during the assessment. Miss B says the Officer locked away her bag containing inhalers she needed for her asthma and chest infection. Miss B would like for the Council to be more understanding of how she was treated and for the Officer to be given notice.
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 impact 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 or continue an investigation if we decide: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says: it has spoken to the Council Officer and their recollection of events differed to Miss B’s.
the Council Officer advised Miss B what the assessment would comprise of and that she would not be able to push her child’s pram during the mobility part of the assessment. The Officer offered to rearrange the appointment to a more suitable time.
there was no indication on the documentation Miss B submitted for the assessment that she had asthma or a chest infection. If Miss B had bought this to the Officer’s attention, she would have been prompted to take her inhaler with her.
There are clearly different versions of events and it is unlikely that we would be able to establish what happened as there were no other witnesses. I recognise that Miss B perceived the Council Officer to be rude and intimidating but we cannot make a finding on perceptions. If Miss B has new evidence about the incident which the Council has not seen, she can send it for the Council’s attention.
We could not achieve the result Miss B wants even if we investigated. We have no power to recommend a council takes disciplinary action of any kind against its staff.
Final decision
We will not investigate Miss B’s complaint because an Ombudsman investigation would not lead to a different outcome. We cannot achieve the outcome Miss B wants.
Investigator's decision on behalf of the Ombudsman