Summary: We will not investigate Mr X’s complaint that the Council has failed to act against a councillor who allegedly made discriminatory or insulting comments. There is no fault by the Council. Action could not be taken because the person was acting privately not as a member of the Council.

The complaint

1. Mr X complains the Council has failed to take action to remove a councillor who an employment tribunal found had discriminated against a company employee of the Muslim religion. Mr X says it is not acceptable that someone who holds prejudiced views should hold public office.

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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. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

4. I have considered Mr X’s information and comments, the Council’s code of conduct covering councillors and its decision on his complaint. I have considered the law on removal of councillors.

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What I found

5. Councils are obliged to have a code of conduct governing the conduct of councillors. Codes of conduct require councillors to treat others with respect. They apply where the person is acting as a member of the council. The law allows councillors to be removed or barred from office in limited circumstances. This is where there is a conviction or in the case of pecuniary interests a prosecution (Local Government Act 1972 and Locality Act 2011 section 34).
6. The Council wrote to Mr X and explained it cannot act against the councillor. The Council’s code of conduct only applies when the person is acting as a member of the Council. In this case, the allegations against the councillor involve statements at the private company where he is employed and the outcome of an employment tribunal.

Analysis

7. I will not investigate this complaint for the following reasons:
8. There is no fault by the Council in its decision on Mr X’s complaint about the conduct of the councillor. It has correctly explained that it cannot act against the person who was not acting in his capacity as a councillor.
9. The Ombudsman cannot investigate the councillor’s actions or statements. They are outside our jurisdiction because they do not involve the administrative functions of the Council or a service failure (see paragraph 3 above). The councillor was acting in a private capacity relating to his employment.

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint that the Council failed to act against a councillor who allegedly made discriminatory or insulting comments. There is no fault by the Council. Action could not be taken because the person was acting privately, not as a member of the Council.

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Investigator's decision on behalf of the Ombudsman