Summary: The Ombudsman will not investigate the Council’s response to Mr X’s complaint about the conduct of two parish councillors. This is because it is unlikely he will find fault by the Council.

The complaint

1. Mr X complains about the Council’s investigation of his complaint about the conduct of two parish councillors.

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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 (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I have considered the information supplied by Mr X and the Council and I have sent my draft findings to Mr X for his comments. Mr X made no further comment.

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What I found

5. Mr X was cycling when he had his right of way blocked by two people who told him they were parish councillors. Mr X says they told him he could not cycle on the path and prevented him from continuing his journey on foot. Mr X says he was unaware there was no cycling as there were no signs. Mr X has been left feeling anxious by the incident.
6. Mr X made a complaint to the District Council (the Council) about the councillors’ conduct. It is for the Council to consider such complaints. It decided there was no evidence to substantiate Mr X’s claim that the councillors were acting in an official, rather than a private capacity. Under its procedures, the complaint could not therefore be progressed.

Analysis

7. The Council considered Mr X’s complaint and there is no indication it was at fault in its consideration. In the absence of fault, we cannot question the merits of the Council’s decision on Mr X’s complaint and so we will not investigate.

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Final decision

8. My decision is that the Ombudsman will not investigate this complaint. This is because it is unlikely he will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman