Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint about a councillor’s conduct as there is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Mr X complains the Council has not responded to his complaint about councillor conduct. Mr X complained that a letter written by a councillor, that appeared in the local press, was discriminatory towards a minority group, put the Council in disrepute and was divisive.

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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 or no significant injustice is caused (Local Government Act 1974, section 24A(6))
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. My understanding is the Council responded to Mr X’s complaint after he complained to us. The Council explained why the response was delayed and apologised for it. I do not consider Mr X is caused a significant level of personal injustice by the delay, that would warrant an investigation by us into it.
7. In terms of the Council’s decision on Mr X’s complaint, its decision letter explains in detail the consideration it gave to it and its assessment of it. The Council considered its code of conduct, the Human Rights Act, the Equality Act and its own Public Sector Equality Duty in making its decision. The Council concluded informal action should be taken, by way of advice to the councillor on the Equality and Human Rights Acts.
8. While Mr X may be unhappy with the outcome of his complaint, we cannot question the merits of it, as there is not enough evidence of fault by the Council in its consideration to warrant us investigating.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council in its consideration of it. While there was delay, the injustice to Mr X from this is not sufficient to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman