Summary: Mrs B complained about the actions of the Council when investigating her complaint against a fellow town councillor. We cannot investigate the complaint as it is outside the Ombudsman’s jurisdiction.

The complaint

1. Ms B complains that Wiltshire Council (the Council), in respect of her Code of Conduct complaint against a fellow town councillor, took too long to deal with the complaint and failed to follow the relevant policies or interpret case-law correctly.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as parish or town councils. (Local Government Act 1974, sections 25 and 34A, as amended)
3. 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)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered the complaint and the documents provided by the complainant.

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What I found

6. Mrs B is a town councillor. In May 2018 she complained about a series of emails from a fellow town councillor (Mr C) regarding whether she should resign as a co-opted member and seek re-election to assist the Town Council in a new venture in the town.
7. The Council in July 2018 decided to refer it to the Standards Committee for investigation. Mr C requested a review of this decision in August 2018. The Review Sub-Committee decided in September 2018 to uphold the decision to investigate.
8. In September 2018 Mr C resigned from the Town Council.
9. In November 2018 the Review Sub-Committee considered the case again and agreed it should be investigated. The Council appointed an external investigator at the beginning of 2019.
10. The external investigator completed their report in August 2019. They concluded it was finely balanced, but Mr C’s behaviour did not amount to a breach of the code of conduct. The Council confirmed the decision in September 2019 and Mrs B requested a review. She submitted further information in October 2019, but due to a technical problem the Council did not receive it until November 2019. In January 2020 the Review Sub-Committee reviewed the decision and decided to uphold it.

Analysis

11. We cannot investigate complaints about town councils as they are not within our jurisdiction, so we cannot investigate the conduct of town councillors. We can investigate how the Council has dealt with such a complaint about councillor conduct, but we are limited in what we could achieve as a result.
12. However, in this case, Mrs B has made a complaint in her capacity as a town councillor against the conduct of another town councillor, Mr C, regarding matters about the operation and business of the town council. Because she is not complaining as a member of the public, we cannot investigate her complaint about the way in which the Council dealt with her complaint.
13. I would also comment that, apart from the length of time the Council took to complete the investigation and the review, it appears the Council carried out a thorough, detailed and balanced process.

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Final decision

14. I have discontinued my investigation into this complaint as it falls outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman