Summary: The Ombudsman will not investigate how the Council dealt with complaints about the conduct of a councillor. It is unlikely he would find evidence of fault by the Council. He is already investigating how the Council dealt with the planning application to which the complaint about the councillor relates.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council failed to properly consider his complaints a councillor breached the Councillor’s Code of Conduct. In summary, he believes this affected the outcome of a planning application for development near his home.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

6. Mr B complained to the Council about a councillor’s involvement in a planning application. In particular, he believes the councillor’s actions led to Council officers, rather than the Planning Committee, deciding the application. He believed the councillor had breached the Councillor Code of Conduct.
7. The Council’s Monitoring Officer considered Mr B’s complaint and decided it did not identify a clear breach of the Code of Conduct.

Analysis

8. We do not provide a right of appeal against a council’s decision on complaints that a councillor has breached the Code of Conduct. We can only consider if there was fault in the way the Monitoring Officer considered the complaint.
9. I consider the Monitoring Officer was entitled to decide not to formally investigate Mr B’s complaints and we are unlikely to find fault in how they did so.
10. I am also aware we are currently investigating a complaint from Mr B about the Council’s handling of the planning application. Our investigation will consider if any fault by the Council affected the outcome of the application.

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Final decision

11. I have decided we will not investigate this complaint for the reasons set out in paragraphs 8 to 10.

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Investigator's decision on behalf of the Ombudsman