Summary: The Ombudsman will not investigate how the Council dealt with complaints about the conduct of a councillor. It is unlikely he would find evidence of fault by the Council. The Information Commissioner is best placed to deal with a complaint about a breach of data protection legislation.

The complaint

1. The complainant, who I refer to here as Ms B, has complained the Council failed to properly consider her complaints a councillor breached the Councillor’s Code of Conduct. Ms B also says the councillor breached data protection legislation, during a council committee meeting, by referring to a private meeting she had with the councillor.

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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.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault; or
• there is another body better placed to consider this complaint.

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

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
5. The Ombudsman does not offer a right of appeal against a council’s decision on complaints a councillor has breached the Code of Conduct. We can only consider if there was fault in the way the monitoring officer considered the complaint.

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How I considered this complaint

6. I have considered what Ms B said in her complaint and background information provided by the Council. I have also seen a recording of Council meetings referred to by Ms B in her complaint.

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What I found

7. Ms B complained to the Council about a councillor referring to a meeting they had had. She also complained about the way the councillor conducted the meeting. She believed the councillor had breached the Councillor Code of Conduct.
8. The Council’s Monitoring Officer considered Ms B’s complaints and decided they did not identify a clear breach of the Code of Conduct. The Monitoring Officer also decided the complaints were not sufficiently serious nor in the public interest to justify an investigation.

Analysis

9. We do not provide a right of appeal against a council’s decision on complaints a councillor has breached the Code of Conduct. We can only consider if there was fault in the way the Monitoring Officer considered the complaint.
10. In this case, the Monitoring Officer was entitled to decide not to formally investigate Ms B’s complaints and we are unlikely to find fault in how they did so.
11. We normally expect someone to refer a complaint about data protection to the Information Commissioner. I consider this would be the appropriate way for Ms B to pursue any complaint about a breach of data protection legislation.

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Final decision

12. I have decided we will not investigate this complaint for the reasons set out in paragraphs 9 to 11.

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Investigator's decision on behalf of the Ombudsman