Summary: We cannot investigate Mrs X complaint about how the Council dealt with a complaint about her conduct as a councillor. Mrs X does not complain as a member of the public and so the complaint is outside our legal remit.

The complaint

1. Mrs X is a parish councillor and complains about how the District Council dealt with a complaint made about her conduct.

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The Ombudsman’s role and powers

2. I have considered what Mrs X said about her complaint.

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How I considered this complaint

3. 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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What I found

4. Mrs X complains the Council has upheld a complaint made about her conduct as a parish councillor. Mrs X wants us to review the Council’s findings.

Analysis

5. By law, we can only investigate complaints made by members of the public. Mrs X complains from her position as a councillor, and therefore as part of a public body, not as a member of the public. We cannot therefore investigate.

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Final decision

6. We cannot investigate as Mrs X does not complain as a member of the public but from her position as a member of a public body.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman