Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council investigated a complaint about his conduct as a parish councillor. Mr X’s complaint is outside the Ombudsman’s legal remit as he complains from his position as a councillor and not as a member of the public.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council’s investigation into a complaint about his conduct as a parish councillor was biased and unprofessional.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X complains about the way the Council investigated a complaint made against him as a parish councillor. Mr X says was biased and unprofessional and the Council found him guilty of a misdemeanour without good evidence. Mr X has been caused stress and anxiety by this.

Analysis

5. Mr X complains from his position as a councillor and not therefore as a member of the public. We have no legal remit therefore to investigate his complaint.

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Final decision

6. We cannot investigate Mr X’s complaint as his complaint arises from his position as a councillor and so is outside our legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman