Newark & Sherwood District Council (20 000 937)
Category : Other Categories > Councillor conduct and standards
Decision : Upheld
Decision date : 28 Jul 2020
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s handling of his complaint about the conduct of a parish councillor which Mr X says left him feeling vulnerable. The Ombudsman will not investigate as the Council has agreed to reconsider Mr X’s complaint.
The complaint
- Mr X complains the Council has not properly dealt with his complaint about the conduct of a parish councillor.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint, his responses to my draft decision and information from the Council.
What I found
- Mr X complained to the Council that a parish councillor had made untrue comments on a social media page about anti-social behaviour in the area which left Mr X feeling vulnerable. Mr X told the Council about contact he had received from the parish council, following his complaint, which Mr X felt was inappropriate.
- The Council considered Mr X’s complaint. It concluded there was no breach of the code of conduct as in its view, the councillor acted in a personal capacity when they posted the comments on the social media page.
- Mr X complained to us as he was unhappy with the Council’s consideration of his complaint, in particular that it had not considered a letter he had received from the parish council on behalf of the councillor. Mr X considered this showed the councillor was acting in an official capacity.
- The Council has agreed to reconsider Mr X’s complaint, to take account of the letter from the parish council.
Assessment
- The Council has agreed to reconsider Mr X’s complaint. This represents a suitable resolution to the complaint and we will not therefore investigate.
Final decision
- My decision is that the Ombudsman should not investigate. The matter is resolved as the Council has agreed to reconsider Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman