Summary: Mr X complains about the Council’s decision not to investigate his report that a parish councillor breached the code of conduct. The Ombudsman will not investigate this complaint. It is made too late and we have not seen evidence of fault in the Council’s actions.

The complaint

1. Mr X complains the Council refuses to investigate his report that a parish councillor breached the code of conduct.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information provided by Mr X. This includes the Council’s responses to his complaint.

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What I found

6. In September 2018, Mr X posted a complaint to the Council. In October he asked for an update as he had not heard anything. The Council told him it could not trace his complaint. He agreed to send it electronically.
7. The Council assessed his complaint. It determined the parish councillor was not acting in is official capacity as a councillor when he posted a comment on social media. Therefore, there cannot be a breach of the code of conduct.
8. Mr X disagreed with this decision and has provided copies of emails to and from the Council on this point.
9. In December 2018 the Council advised Mr X in writing that it remained of the view there was no breach of the code. There was no evidence the parish councillor was acting in his official capacity. It told Mr X that if he disagreed with the decision, he could ask the Ombudsman to consider his complaint.
10. The law says a complaint must be made to the Ombudsman within 12 months of the complainant becoming aware of the matter. In this case the Council told Mr X it would not investigate his complaint in November 2018. Mr X did not approach the Ombudsman until March 2020. Therefore, his complaint is late.
11. I have has considered whether I should exercise discretion and investigate this late complaint. I have reviewed the information provided by Mr X and the Council’s arrangements for dealing with complaints that a councillor has breached the code of conduct. I have not seen any evidence of fault in the way the Council made its decision not to investigate the complaint. Without any evidence of fault there is no reason to investigate this matter.

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Final decision

12. I will not investigate this complaint. It is late and I have seen no reason to exercise discretion in this case.

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Investigator's decision on behalf of the Ombudsman