Summary: Mr X complains about the conduct of a Councillor and that the Council has dealt with him as an unreasonable and unreasonably persistent complainant. The Ombudsman will not investigate this complaint because it is unlikely we would find fault by the Council causing significant direct personal injustice to Mr X.

The complaint

1. Mr X complains about the conduct of a Councillor and that the Council has dealt with him as an unreasonable and unreasonably persistent complainant.

Back to top

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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement

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

Back to top

How I considered this complaint

3. I considered the complaint and the documents provided by Mr X and the Council. I have written to Mr X with my draft decision and considered his comments.

Back to top

What I found

4. Mr X complained to the Council about the conduct of a Councillor. There is no evidence that the matter Mr X complained about caused him a direct personal injustice and so the Ombudsman will not investigate this part of the complaint.
5. Mr X was dissatisfied with the Council’s response to his complaint and complained again. His complaint was then considered by several senior officers at the Council.
6. Because it had exhausted its review of its original decision, the Council decided to implement its Unreasonable and Unreasonably Persistent Complaints policy in relation to Mr X’s complaints on this subject. This means that the Council will not respond to any further correspondence about this complaint. There is no evidence of fault by the Council in reaching this decision.
7. Nor is there evidence that Mr X has been caused a significant injustice by the Council’s decision which would justify an investigation by the Ombudsman. He is not prevented from communicating with the Council on other matters or from making other complaints.

Back to top

Final decision

8. The Ombudsman will not investigate this complaint because it is unlikely we would find fault in the Council’s decisions causing significant direct personal injustice to Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman