Summary: The Ombudsman has stopped investigating Mr X’s complaint about the Council’s investigation of an alleged breach of the Councillor Code of Conduct. The injustice to Mr X is not so significant as to justify an investigation by the Ombudsman.

The complaint

1. Mr X complains that the Council failed to properly investigate his complaint that a Councillor breached the Councillors Code of Conduct.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

4. I considered the information provided by Mr X and the Council.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. In June 2019 Mr X complained to the Council. He said a Councillor had breached the Councillors Code of Conduct.
7. Mr X said the Councillor had booked rooms for a community event when in fact he used the bookings for party political purposes. Mr X says this meant the Councillor’s political party avoided paying the fee for the room.
8. The Council’s Monitoring Officer investigated the matter. It was put before the Audit and Governance Committee. The Committee dismissed the matter.
9. Mr X complained to the Ombudsman. He says the Monitoring Officer did not investigate properly.
10. The Ombudsman investigates fault causing injustice. There is no evidence the matter Mr X complained about caused him a significant personal injustice which would warrant further investigation by the Ombudsman.

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Final decision

11. I have stopped investigating this complaint. The injustice to Mr X is not so significant as to justify an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman