Complaints about Standards and Member Conduct

This fact sheet is aimed primarily at anyone who is unhappy with the conduct of a council member (councillor) and is considering making a complaint to the Ombudsman.

I have a problem with a councillor. Can the Ombudsman help me?

In some cases, yes. Councils consider complaints about a councillor’s conduct through their Monitoring Officer and Standards Committees. Such complaints may be about councillors’ actions relating to a council function such as:

  • giving incorrect advice or information
  • involvement in decision-making
  • conduct, such as comments about a complainant on a social media site or behaviour in a council meeting, and
  • a breach of the Code of Conduct, such as a failure to disclose a non-pecuniary interest.

The Ombudsman does not offer a right of appeal against a council's decision on such complaints, but we can consider if there was fault in the way the Monitoring Officer or Standards Committee considered the complaint. We will only investigate complaints if there is sufficient injustice to warrant our involvement.

We may also be able to investigate complaints about the way the local Standards Committee (usually run by the council that collects council tax in the area) has investigated a complaint about parish or town councillors. But we would need to consider what we could ultimately achieve as we could not investigate the actions of the town or parish council itself.

There are some matters we cannot investigate:

  • complaints made by people in their capacity as councillors (against other councillors) as they are not complaining as members of the public, and
  • complaints about a failure to disclose a pecuniary interest, because this could be a criminal matter which would be for the police to investigate – that said, councils should have protocols with their local police as to how to deal with such complaints.

We would also not normally investigate a complaint if a separate appeal right exists, such as a planning applicant complaining about a councillor’s involvement in voting against their planning application.

How do I complain?

If you consider that a councillor has failed to comply with the Code of Conduct, you should complain to the council first.

Councils have their own procedures for such complaints. Generally, the Monitoring Officer will first assess a complaint with an Independent Person and decide whether it merits formal investigation. They may dismiss a complaint if, for example, there is no breach of the Code, the councillor was not acting in an official capacity, or the matter is trivial and it is not in the public interest to investigate. If they decide to carry out a formal investigation, this may involve the Monitoring Officer, another Investigating Officer and a Standards Committee or Hearings Panel.

If you are unhappy with the final outcome, or the council is taking too long to look into the matter – we think 12 weeks is reasonable – you can complain to us.

You should normally make your complaint to us within 12 months of realising the council has done something wrong.

To complain to the Ombudsman phone our helpline on 0300 061 0614 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers.
You can text us on 0762 481 1595.

You can complete an online complaint form.

If you can consider my complaint what will the Ombudsman look for?

We can consider whether the council has done something wrong in the way it dealt with your complaint. Some of the issues we can look at are if:

  • there has been an unreasonable delay in taking action
  • the council has failed to take into account relevant information in reaching its decision, and
  • the council has followed the proper procedure in investigating the complaint, or whether it has proper procedures in place.

What happens if the Ombudsman finds that the council was at fault?

If we find that something has gone wrong in the way the council dealt with your complaint, we can ask it to:

  • carry out its investigation into your complaint, if there has been delay
  • re-investigate the complaint, if the investigation has not been carried out correctly in accordance with the council’s own procedures
  • make changes where we find fault with the council’s procedures, so that the same problem does not occur again in the future, and/or
  • pay compensation, depending on how you have been affected by what has gone wrong.

Examples of some complaints we have considered

Mr B complained that a councillor had abused his position to frustrate the progress of a key job creation project. He considered the councillor had wilfully misrepresented facts about the project at a meeting of key agencies, and told lies as part of an on-going campaign to cause harm to him and the organisation of which he is part. He made a similar complaint to the police. The council agreed that the police’s investigation should take precedence. After the police confirmed they were not pursuing an investigation, the council’s Monitoring Officer put the complaint to the council’s Local Assessment Panel. The Panel asked Mr B to clarify the extensive evidence he had provided. Mr B offered to meet the Panel and contacted the Monitoring Officer, but received no response. So he complained to the Ombudsman. The Ombudsman found the council had failed to respond to his offer to meet the Panel or his further correspondence on the matter. Had it done so, the matter might have been progressed a year earlier, which would have benefited all those involved. The council apologised to Mr B. It agreed to consider Mr B’s further comments and decide what next steps to take to put the complaint process back on track.
Mr X complained about noise from a neighbour who was the tenant of a housing association. He was not satisfied with the landlord’s response and made a formal complaint. His complaint was not successful. So he complained to two councillors who sit on the housing association’s management board. He did not receive a reply, so he complained to the council about their conduct. The Ombudsman could not investigate Mr X’s complaint because he was complaining about the councillors acting in their capacity as members of the housing association management board and not in their capacity as councillors. So the complaint was outside the Ombudsman’s jurisdiction.

Other sources of information

 Councils provide information on their websites about:

  • their procedures for making complaints about Member Conduct, and the form to be used
  • the Code of Conduct for Members, which is part of the council’s Constitution
  • the Planning Code of Conduct, which would apply to members of a council’s Planning Committee, and
  • the Register of Members’ interests.

The Government has also provided guidance for councillors on Openness and transparency on personal interests at www.gov.uk/government/publications/openness-and-transparency-on-personal-interests-guidance-for-councillors.

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.

The Local Government and Social Care Ombudsman provides a free, independent and impartial service. We consider complaints about the administrative actions of councils and some other authorities. We cannot question what a council has done simply because someone does not agree with it. If we find something has gone wrong, such as poor service, service failure, delay or bad advice and that a person has suffered as a result the Ombudsman aims to get it put right by recommending a suitable remedy.

July 2016

;