Summary: Mr X complains the Council refuses to investigate his allegation that a councillor is conducting a hate campaign against him. The Ombudsman will not investigate this complaint as we are unlikely to find fault in the Council’s actions. And further investigation is unlikely to lead to a different outcome.

The complaint

1. Mr X complains the Council refuses to investigate his complaint that a councillor is conducting a hate campaign against him.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• it is unlikely further investigation will lead to a different outcome

(Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I considered the information provided by Mr X and the Council. I have also considered the Council’s published procedures for dealing with complaints about councillors.
4. Mr X commented on the draft version of this decision.

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What I found

5. Mr X complained to the Council that councillor is conducting a hate campaign against him. He provided copies of emails to and from the councillor as evidence.
6. The Council’s Monitoring Officer referred his complaint to the principal solicitor for consideration. Having read the evidence Mr X provided the solicitor decided, there was no evidence the councillor had breached the code of conduct.
7. Mr X was not happy with this decision. He contacted the Monitoring Officer again.
8. The Monitoring Officer says she considered all the information Mr X provided. She agreed with the decision that Mr X had not provided any evidence of misconduct by the Councillor that is a breach of the code of conduct.

Assessment

9. I understand that Mr X is not happy with the Council’s decision not to investigate. However, the Ombudsman does not offer a right of appeal against the Council’s decision not to investigate a complaint about a councillor.
10. The Council’s procedure for considering complaints against councillors says the Monitoring Officer will review every complaint she receives. Following consultation with the Independent Person, she will decide what action, if any, the Council should take. She will then write to the subject councillor and complainant with her decision.
11. The procedure allows the Monitoring Officer the decide to take no action on a complaint where there is no evidence of fault or does not relate to a possible breach of the code of conduct.
12. In this case the Monitoring Officer confirms she considered the information provided by Mr X and found no evidence of a breach. The decision not to investigate the complaint is therefore one which the Council is entitled to make.

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Final decision

13. I will not investigate this complaint. We are unlikely to find fault in the way the Council considered Mr X’s complaint. It is also unlikely that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman