Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s question at a public meeting as there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained the Council failed to follow its Constitution when it did not read out her question at a Council meeting or provide an oral response to her question. Mrs X says this discriminated against her as a partially sighted person. Mrs X feels the Council should read out all questions so that other partially sighted people can engage in Council meetings.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 there is not enough evidence of fault to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, the rules for Council meetings in the Council’s Constitution document, and a recording of the Council meeting in question.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. At the meeting in question, the chairperson explained that, due to time restrictions, those questions provided in writing prior to the meeting would not all be read out but would be displayed on screen at the meeting. Mrs X’s question was displayed on screen and the relevant Member said a written answer would be provided after the meeting.
7. I have not seen evidence to indicate this was fault. I can see no requirement in the Constitution for public questions to be read out at meetings and the chairperson is also given discretion as to how they manage the taking of questions at Council meetings. The Constitution allows for answers to be provided in writing.
8. While I recognise why Mrs X is dissatisfied, I do not consider there is evidence of fault by the Council and as such, we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman