Summary: We cannot investigate Ms X’s complaint about the Council’s investigation of a complaint about her conduct as a Council member. This is because Ms X does not complain as a member of the public and the complaint is therefore not within our remit.

The complaint

1. Mx X complains about the Council’s investigation into a complaint about her conduct as a councillor. Ms X says she has incurred legal fees trying to challenge this and been caused stress which has impacted on her health.

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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 Ms X said in her complaint.

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What I found

4. Ms X complains about the Council’s investigation into a complaint that was made about comments she allegedly made at a Council meeting. Ms X complains about factual errors in the Council’s decision and sexism in the writing of it. Ms X has incurred legal fees trying to challenge this and her health has been impacted by stress.

Analysis

5. Ms X complains from her position as a Council member, and part of the Council, not as a member of the public. The law says we can only investigate complaints from members of the public. We therefore have no legal remit to investigate this complaint.

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Final decision

6. My decision is that we cannot investigate Ms X’s complaint as she does not complain as a member of the public. The complaint is therefore not within our remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman