Summary: The Ombudsman cannot investigate Mr X’s complaint about how the Council is dealing with a complaint made against him. Mr X complains from his position as a council member and not as a member of the public. The complaint is therefore outside the Ombudsman’s legal remit.

The complaint

1. Mr X complains the Council progressed a complaint to investigation without evidencing that he is actually the council member about which the complaint was made.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X complains the Council progressed a complaint to investigation without evidencing that he is actually the council member about which the complaint was made.

Analysis

5. Mr X is a council member and complains from that position. Mr X does not complain therefore as a member of the public. We can only consider complaints made by members of the public and so Mr X’s complaint is outside our legal remit.

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Final decision

6. My decision is that the Ombudsman cannot investigate Mr X’s complaint. As Mr X does not complain as a member of the public, his complaint is outside the Ombudsman’s legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman