The Ombudsman's final decision
Summary: We cannot investigate this complaint because the Council is not responsible for the issue Mr X complains about.
The complaint
Mr X complains that a Council employee made a complaint about him to an external body.
Mr X is unhappy that the Council did not speak directly to him first about concerns identified with his work and instead complained externally.
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
Mr X is a consultant who provides services to planning applicants.
The individual who made the complaint against Mr X was employed on a freelance basis by the Council. The Council did not ask them to complain about Mr X as part of this role.
The individual who made the complaint did so in their own right as a member of a professional body that monitors practice standards for that profession. They made the complaint against Mr X who is also a member of the professional body.
The Council is not responsible for the issue Mr X complains of.
As the Council is not responsible for the complaint against Mr X it had no reason to speak to him before the complaint was made.
Final decision
We cannot investigate Mr X’s complaint about a complaint made against him to a professional body because the Council is not responsible for the issue Mr X complains of.
Investigator's decision on behalf of the Ombudsman