Summary: The Ombudsman will not investigate Mr X’s complaint. We have not seen any evidence of fault in the Council dealt with his complaint that one district and two parish councillors breached the code of conduct.

The complaint

1. Mr X complains the Council’s investigation into his complaint about breaches of the Council’s code of conduct was inadequate and predetermined.
2. He says he has been disadvantaged and inconvenienced and wants the investigation reopened.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered the information provided by Mr X and the Council. This includes:
• Mr X’s complaint to the Council
• The Investigator’s report
• The Council’s responses to Mr X
5. I have also considered the Council’s arrangements for dealing with complaints about councillors.
6. Mr X commented on the draft version of this decision.

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What I found

7. Mr X complained to the Council that one district Councillor and two parish councillors had breached their code of conduct. He alleged the councillors conspired to cause a traffic incident when planning committee members were visiting his property before considering his planning application. Mr X says the incident was to influence the committee’s decision and persuade it to refuse his application.
8. The Council’s rules for dealing with code of conduct complaints says the Council’s monitoring officer will consult the Independent Member about how to proceed with the complaint. Options include:
• No further action
• Informal resolution
• Formal investigation
9. When a decision is made to investigate a complaint the monitoring officer shall formally appoint an investigating officer with appropriate skills and experience. The investigator will, where possible, meet the complainant. They will also acquire a copy of any documentation offered or referred to as evidence and take details of any witnesses prepared to provide evidence.
10. The monitoring officer says he considered the complaint and sought the opinion of the Independent Person. He decided the complaint warranted investigation and appointed a senior solicitor from an external company as investigating officer.
11. The investing officer obtained information from Mr X, the councillors and another witnesses through face to face meetings, phone calls and emails. He considered the information and wrote a report detailing his investigation. Based on his findings he stated he could not find breaches of the code of conduct.

Assessment

12. The Ombudsman does not offer a right of appeal against a council’s decision on member conduct complaints, but we can consider if there was fault in the way the council considered the complaint. If the Council has properly considered the issue, we cannot question the merits of its decision.
13. From the information I have seen, the monitoring officer considered Mr X’s complaint according to its protocol for handling such complaints. Having considered the concerns raised he appointed an external investigating officer. On receiving the investigator’s report, he sought the Independent Person’s opinion, before advising Mr X no further action would be taken. Having followed the correct procedure this a decision the Council is entitled to make.

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Final decision

14. I will not investigate this complaint. I have not seen any evidence of fault in the way the Council dealt with his complaint that councillors breached the code of conduct.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman