Summary: Ms X complains the Council did not follow correct procedure in dealing with her complaint about the conduct of a councillor. The Council has agreed to reconsider the complaint and so the Ombudsman will not investigate.

The complaint

1. Ms X complains the Council did not follow correct procedure in dealing with her complaint to it about the conduct of a councillor.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered what Ms X said in her complaint and what the Council has told me. I have considered comments Ms X has made in response to my draft decision on the complaint, which I sent to her.

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What I found

4. Ms X complained to the Council about the conduct of a local councillor she contacted about draft changes to a tenancy agreement she has with the Council. Ms X says the councillor delayed in responding and then provided a response which Ms X found to be bullying.
5. Ms X complains the Council did not follow correct procedure in responding to her complaint as she believes the Independent Person (IP) was not consulted. The Council had advised Ms X on receipt of her complaint, that this would be part of the assessment process.
6. Ms X is also unhappy that the Council did not make her aware of whether it had consulted with the councillor in question, or any other relevant person, or provide her with the comments any consultees may have made in response to her complaint.
7. The Council says the matter was straightforward and not a code of conduct issue and this is why the IP was not consulted. It has however apologised for not doing this. It also explains that the councillor’s comments were not given to Ms X as the assessment process is confidential. The comments would only have been made available if the complaint had been investigated.

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Analysis and agreed action

8. I asked the Council to consider Ms X’s complaint again, with the involvement of the IP and the Council has agreed to do so. This represents a suitable resolution to the complaint.
9. The Council explains why it did not share the councillor’s comments with Ms X and it had given no indication it would do so. There is no fault here by the Council.
10. For these reasons, we will not investigate.

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Final decision

11. My decision is that the Ombudsman will not investigate this complaint as the Council has agreed to reconsider Ms X’s complaint and this represents a suitable resolution.

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Investigator's decision on behalf of the Ombudsman