Cornwall Council (20 010 624)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 09 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s decision on his complaint about the conduct of a parish councillor who Mr X says gave false information about their personal interest in a property. We will not investigate this complaint as the personal injustice to Mr X is not sufficient to warrant our involvement.
The complaint
- Mr X complained to the Council about a parish councillor who Mr X says deliberately provided false information about their personal interest in a property. Mr X also complains about delay in the Council dealing with his complaint.
The Ombudsman’s role and powers
- 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 the injustice is not significant enough to justify our involvement or we cannot achieve the outcome someone seeks (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments.
What I found
- Mr X complained to the Council about the information a parish councillor provided on a declaration of interests form. Mr X says the councillor deliberately gave false information about how long she had resided at a property.
- Mr X is unhappy that the Council chose not to pursue the complaint and that it took from July to December 2020 to give him its decision. Mr X seeks a personal apology from the officer who dealt with his complaint.
Analysis
- The councillor’s declaration of interests does not cause Mr X personal injustice and therefore we will not investigate. We will not investigate delay by the Council, as a separate matter, as in this case it does not cause a significant injustice to Mr X. I do not consider there are public interest grounds for us to investigate this complaint.
- We are also unable to obtain personal apologies from Council officers.
Final decision
- My decision is we will not investigate this complaint. This is because the injustice to Mr X is not sufficient to warrant our involvement.
Investigator's decision on behalf of the Ombudsman