Summary: We will not investigate how the Council’s Monitoring Officer considered complaints about the conduct of councillors. It is unlikely an investigation would find fault affected the Monitoring Officer’s decision to take no further action.

The complaint

1. Miss X complains the Council’s Monitoring Officer decided to take no further action on her complaints that several councillors had breached the Code of Conduct for elected members.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we refer to as ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Miss X which included the Monitoring Officer’s decision on her complaints. I have also considered our Assessment Code.

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My assessment

5. We do not provide an appeal against the Monitoring Officer’s decision; we can only consider how the Monitoring Officer considered Miss X’s complaint. Further, it is not our role to investigate or comment on the actions of any councillor Miss X complained about.
6. The Monitoring Officer considered the information Miss X provided about the actions of the councillors. She also sought the views of the Independent Person before deciding not to take further action. .
7. The Monitoring Officer’s investigation was proportionate to the concerns raised. She considered the available evidence and reached a conclusion based on her professional judgement. She also explained her reasons to Miss X.

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Final decision

8. We will not investigate this complaint because it is unlikely we would find fault by the Council affected its decision to take no further action on Miss X’s complaints about the councillors.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman