Summary: Mr B complains about the Council’s decision that the Members Code of Conduct cannot be invoked against a councillor it says was acting in a private and not in an official capacity. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s decision that a councillor, against whom he made a complaint, was acting in a private capacity so the Member Code of Conduct cannot be invoked. Mr B says the councillor’s actions led to adverse implications for him and he seeks an apology, compensation and a reprimand for the councillor concerned.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

4. Mr B complained to the Council that a councillor had published his address on a social media website, that this had adverse implications for him and that the councillor refused to remove it until Mr B apologised in relation to matters concerning a previous dispute.
5. The Council’s Monitoring Officer (MO) assessed the complaint and sought the views of the Independent Person in accordance with normal Council procedures. Having done so, the MO wrote to Mr B to advise that as the councillor had been acting in a private and personal capacity, and posting on the website as such, that the Member Code of Conduct could not be invoked because he had not been acting in an official capacity. However, the MO confirmed he had spoken to the councillor to remind him of his duties and responsibilities around data protection as an elected member.
6. At Mr B’s request, the Council reviewed the MO’s initial assessment but his findings were confirmed. In the review the Council noted that Mr B’s address had not been specifically quoted and that the post referred to it only in a very general way. It also noted that the issue involved had been discussed openly on the forum concerned and that the identities of those involved could be deduced from other postings.

Assessment

7. The Ombudsman does not offer a right of appeal against a council’s decision on complaints about member conduct. We can consider whether there was fault in the way the council considered the complaint but in this case, while I understand Mr B may not agree with the Council’s decision, it properly sought the views of the Independent Person and concluded that the councillor was acting in a private capacity, unrelated to his official capacity.
8. Moreover, while I note Mr B says he suffered as a result of the Council’s posting, there appears to be a history to the dispute discussed on the website forum and that this had already been played out on social media for some time.
9. The Council concluded there had been no data breach and we normally expect someone to refer the matter to the Information Commissioner if they wish to pursue a complaint about data protection.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman