Summary: The Ombudsman will not investigate Mr X’s complaint. This is because he is unlikely to find fault in the way the Council dealt with his complaint that a councillor breached the code of conduct.

The complaint

1. Mr X complains the Council’s process for dealing with complaints about councillors is biased.

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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.

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I considered the information provided by Mr X and the Council. Mr X commented on the draft version of this decision.

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What I found

4. The Localism Act 2011 introduced a system of regulation of standards of member conduct in England. This applies to county, district and unitary councils, London boroughs, the Greater London Authority, and parish and town councils. Local authorities had to introduce a new Code of Conduct for members, which must be consistent with the Nolan Committee’s principles of selflessness, honesty, integrity, objectivity, accountability, openness and leadership.

5. All local authorities (other than parish and town councils) must have procedures in place to deal with complaints about member conduct. It is for the authority to decide the details of those procedures. But they must appoint at least one Independent Person whose views are to be taken into account before making a decision on a complaint that they have decided to investigate.
6. Mr X complained to the Council that a councillor had breached the Code of Conduct.
7. The Council’s procedure for dealing with such complaints says on receipt of a complaint, the Monitoring Officer (MO) and an Independent Person (IP) will consider the complaint. The MO will decide whether the complaint needs, clarification, informal resolution, further fact finding, full investigation or should be rejected.
8. If the MO and IP reject the complaint, the complainant is offered the opportunity to have the complaint reviewed. This review will be considered again by the MO and a different IP.
9. The MO considered Mr X’s complaint. He consulted with the IP and interviewed the councillor involved and another staff member. He decided to reject the complaint.
10. Mr X asked for a review. In line with the procedures the MO reviewed the complaint and consulted with a different IP.
11. While Mr X considers the procedure is biased. I have not seen evidence of this. The MO must consult with different IPs when considering the complaint in the first instance, and at review.

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Final decision

12. I will not investigate this complaint. This is because it is unlikely we will find fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman