Summary: Ms B complains about the Council’s decision to treat her complaint about a councillor as invalid. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms B, complains about the Council’s decision not to investigate her complaint made against a local councillor. She says the councillor’s attitude is discriminatory and should be challenged and that she fears further discrimination in the future.

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The Ombudsman’s role and powers

2. 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)
3. 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
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms B, including the Council’s response to her complaint. I gave Ms B the opportunity to comment on my draft decision.

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What I found

5. Ms B is a member of an organisation which arranged a local event. Following an FOI request in connection with the event, Ms B saw that a local councillor had made negative comments about the event in emails sent within the Council.
6. Ms B complained to the Council about the language used by the councillor. She said it was insulting and a slur on members of her organisation.
7. The Council treated Ms B’s complaint as a Members Code of Conduct complaint and its Monitoring Officer considered it and wrote to Ms B. The Officer explained their role was to assess whether Ms B had submitted any evidence to show the councillor had potentially failed to comply with their responsibilities under the Code and what the procedure would be if such evidence were provided.
8. Having consulted with the Independent Person, and spoken to the councillor concerned, the Monitoring Officer advised Ms B that she had provided no evidence to support her claim that the councillor had failed in their duties under the Code. As this was the case the Council did not accept Ms B had made a valid complaint and it did not pursue matters further.
9. Dissatisfied with the Council’s response, Ms B complained to the Ombudsman.

Assessment

10. In accordance with its procedures, the Council considered Ms B’s complaint against the councillor and consulted with the Independent Person. It decided not to accept it as a valid complaint. This is a decision the Council was entitled to make, and its merits are not open to review by the Ombudsman. I have seen no evidence to suggest there was fault in the way the Council came to its decision.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman