Summary: The Ombudsman cannot investigate Mr X’s complaint about a constitutional violation at a Council meeting. Mr X complains from his position as a councillor and so the complaint is outside the Ombudsman’s legal remit.

The complaint

1. The complainant, whom I shall call Mr X, is a Council member and complains about a constitutional violation at Council meetings.

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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 is a Council member and complains there was a constitutional violation at a Council meeting when a ‘motion without notice’ was wrongly allowed.

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Final decision

5. My decision is that the Ombudsman cannot investigate Mr X’s complaint as he complains from his position as a councillor, not as a member of the public. The complaint is therefore outside the Ombudsman’s legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman