Summary: The Ombudsman cannot investigate Mr X’s complaint about how the Council dealt with a complaint about his conduct. Mr X does not complain as a member of the public but as a member of the Council and so the complaint is outside the Ombudsman’s legal remit.

The complaint

1. Mr X complains about how the Council has dealt with a complaint made against him.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X is a councillor and complains about how the Council dealt with a complaint made against him by a resident Mr X had an interaction with, he says, in a private capacity. Mr X complains the Council dealt with this as a member standards complaint and found him guilty of the accusations.
5. Mr X explains this has had a significant impact upon him personally. Mr X feels this matter should be reviewed by an independent body.

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Final decision

6. My decision is that the Ombudsman cannot investigate Mr X’s complaint as it arises from him being a councillor. Mr X complains therefore as a member of the Council and not as a member of the public and as such, the Ombudsman has no legal remit to investigate.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman