Summary: We will not investigate this complaint about how the Council dealt with concerns about the behaviour of a councillor. This is because there is not enough evidence of fault.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained a councillor had breached the Elected Member Code of Conduct. Mrs X said the Councillor had tried to give a planning applicant an advantage, despite having an interest in the matter. Mrs X complained the councillor had supported the applicant’s appeal to the Planning Inspectorate.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. Local Authorities have a duty to designate a Monitoring Officer. The Monitoring Officer must ensure the authority, its officers, and members, maintain the highest standards of conduct.
5. Each council has different rules for dealing with complaints about alleged breaches of the Code of Conduct. But the Monitoring Officer will normally consider the complaint to decide if the jurisdictional tests and local assessment criteria are met, and if further action is needed. If the Monitoring Officer decides not to take further action, they will contact the complainant and give reasons for their decision.
6. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, we will generally not criticise the decision, even if the complainant does not agree with it.
7. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for Code of Conduct complaints before deciding not to take further action. 
8. In their final response to Mrs X the Monitoring Officer said the Code of Conduct allows members to comment on planning applications. This applied even if they have an interest, as long as they do not use their position improperly. The Council said there was nothing to show the Councillor had acted improperly.
9. I understand Mrs X is unhappy with the Monitoring Officer’s response. But they considered Mrs X’s complaint in line with the Council’s policy and explained their decision. There is not enough evidence of fault by the Council to warrant an investigation.

Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman