Summary: Ms X complains about the Council’s response to complaints she made about two local councillors. The Ombudsman will not investigate the complaint because we are unlikely to find evidence of fault.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has shown bias in the way it dealt with her complaints against two councillors who she accused of racism. She says the Council needs to teach its councillors not to incite racial hatred and that it should carry out training so all are aware of the racism faced by the white community.

Back to top

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)

Back to top

How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms X and the Council and read the newspaper articles Ms X referred to in her complaints. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

Back to top

What I found

4. Ms X made complaints to the Council against two councillors who she alleges showed racism towards the white communities. She based her allegations on newspaper articles which quoted from the councillors.
5. The Council considered Ms X’s complaints and consulted with the Council’s Independent Person as its procedures require. However, in both cases it found no breach of the Code of Conduct by the councillors or anything within the articles which Ms X had detailed in her complaints.
6. Dissatisfied with the Council’s response, Ms X complained to the Ombudsman.

Assessment

7. The Ombudsman does not offer a right of appeal against a council’s decision on complaints about the conduct of members but we can consider if there was fault in the way a council considered a complaint.
8. In this case I have seen no evidence to suggest the Council did not properly consider Ms X’s complaints about the two councillors.
9. Ms X has also complained there was delay by the Council in responding to her complaint but this is not a matter we will investigate in isolation when we are not investigating the substantive issue.
10. In responding to my draft decision Ms X says she is not satisfied that the Council properly investigated her complaint because of the short time between acknowledging her complaint and responding to it. However, Ms X’s allegations were based on two short newspaper articles and having read them and consulted with the Independent Person the Council was able to come to a view.

Back to top

Final decision

11. The Ombudsman will not investigate this complaint. This is because we are unlikely to find evidence of fault.

Back to top

Investigator's decision on behalf of the Ombudsman