Copeland Borough Council (19 018 785)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 22 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint about how the Council considered complaints made about his conduct as a councillor. Mr X does not complain as a member of the public and so the complaint is outside the Ombudsman’s legal remit.
The complaint
- Mr X complains about the Council’s consideration of complaints made about his conduct as a councillor. Mr X complains the Council’s decision is defamatory.
The Ombudsman’s role and powers
- 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)
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint.
What I found
- Mr X complains about the Council’s consideration of complaints made about his conduct as a councillor. Mr X says the Council operates a flawed system and its decision on the complaints is defamatory.
- Mr X also complains the Council breached its own confidentiality rules in the way it published the decision on the complaints made against him.
Assessment
- Mr X’s complaint is about matters relating to his position as a councillor. Mr X does not complain as a member of the public, but from his position as a councillor. We cannot therefore investigate.
- The Information Commissioner’s Office (ICO) is the UK’s independent body set up to protect the data privacy of individuals. It can consider Mr X’s complaint about the way the Council published its decision.
Final decision
- My decision is that the Ombudsman cannot investigate Mr X’s complaint as he complains from his position as a councillor and not as a member of the public. The complaint is therefore outside the Ombudsman’s legal remit.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman