Kirklees Metropolitan Borough Council (21 003 513)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 26 Jul 2021
The Ombudsman's final decision:
Summary: We will not investigate how the Council’s Monitoring Officer considered a complaint about the conduct of a councillor. It is unlikely an investigation would find fault affected the Monitoring Officer’s decision to take no further action.
The complaint
- Mr X complains the Council’s Monitoring Officer decided to take no further action on his complaint about the behaviour of a councillor. In summary, Mr X said the councillor wrongly described an email sent by Mr X as racist.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council, which included the Monitoring Officer’s decision on his complaint. I have also considered our Assessment Code.
My assessment
- We do not provide an appeal against the Monitoring Officer’s decision; we can only consider how the Monitoring Officer considered Mr X’s complaint. Further, it is not our role to investigate or comment on the actions of the councillor Mr X complained about.
- The Monitoring Officer considered the information Mr X provided about the actions of the councillor. Her 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 Mr X.
Final decision
- We will not investigate this complaint. While I recognise, Mr X disagrees with the Monitoring Officer, it is unlikely we would find fault by the Council affected its decision to take no further action on his complaint about the councillor.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman