Summary: We will not investigate this complaint about how the Council dealt with a complaint made about the complainants conduct as a councillor. This is because he does not complain as a member of the public.

The complaint

1. The complainant, who I will call Cllr X, complains about the Council’s handling of a complaint made about his conduct as a councillor.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant has had an opportunity to comment on my draft decision.

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My assessment

6. We can only accept complaints from members of the public. Cllr X is a councillor, and his complaint arises from, and concerns, that role. Cllr X does not complain therefore as a member of the public but as part of a public body and as such I have no legal remit to investigate.

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Final decision

7. I cannot investigate this complaint. This is because he does not complain as a member of the public.

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Investigator's decision on behalf of the Ombudsman