Summary: The Ombudsman cannot investigate Mr X’s complaint about how the Council dealt with complaints made against him as a councillor. The complaint is outside the Ombudsman’s legal remit as Mr X does not complain as a member of the public.

The complaint

1. The complainant, whom I shall call Mr X, complains about the way the Council dealt with two code of conduct complaints made against him.

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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 councillor and complains about the way the Council dealt with two code of conduct complaints made against him.

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Final decision

5. My decision is that the Ombudsman cannot investigate Mr X’s complaint. It is outside his legal remit as Mr X complains from his position as a Member of a council and not as a member of the public.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman