Summary: Mr X complained about the Council’s decision not to take action over the conduct of a parish councillor. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council failing to take action against a councillor whom he says breached the Member’s Code of Conduct when he had an altercation with him over a parking space.

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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
• 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.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X says he was involved in an altercation with a local councillor who lives on the same street as him over access to a parking space. He says he reported the matter to the Police when a threat was made to him. He complained to the Council about the councillor’s conduct and said that it should sanction the councillor for breaching the Member’s Code of Conduct.
5. The Council considered the complaint and told Mr X that it would not take further action. The councillor was not acting in his capacity as a councillor when the incident took place. The incident was a private matter and could have still occurred between the parties as residents, regardless of Mr X being aware of the councillor’s status. The Code applies to members acting on Council business or in their capacity as elected members. It does not prevent them acting as ordinary citizens in their day to day life and is not intended to do so.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. In this case there is no evidence that the Council’s decision was incorrect.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman