Summary: We will not investigate this complaint about the Council’s decision not to investigate an allegation that a councillor breached the code of conduct. We have not seen any evidence of fault in the process leading to the Council’s decision.

The complaint

1. The complainant, I shall call Mr B complained to the Council that a Councillor, whom I shall call Councillor X, breached the code of conduct by making a statement she knew to be wrong. He says this has damaged his reputation and good standing in the community.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered:
• information provided by Mr B including the Council’s response
• the Council’s arrangements for dealing with complaints about councillors; and
• the Ombudsman’s Assessment Code.

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My assessment

5. The Ombudsman does not offer a right of appeal against a council’s decision on member conduct complaints, but we can consider if there was fault in the way the council considered the complaint.
6. We cannot question whether a council’s decision is right or wrong simply because a complainant disagrees with it. Our role is to consider whether there was fault in the way the decision was reached, and whether any fault affected the outcome.
7. The Council’s complaints process for dealing with complaints about Members’ conduct says the MO considers the complaints and will ask the Councillor in question for comments.
8. The MO will consult a designated Independent Person before reaching a decision. A formal investigation will only be carried out if the MO and Independent Person consider it is possible there has been a significant breach of the Code.
9. The evidence I have seen indicates the MO considered the information Mr B provided. He also consulted with the Independent Person before he made his decision that the Councillor had not breached the code of conduct.
10. The role of the MO as stated in the Council’s procedure is to “review every complaint received.” It is not to carry out a detailed investigation of the complaint.
11. I consider the MO’s decision letter to Mr B provides a reasoned explanation of the decision reached.
12. In the circumstances, I see no sign of fault in the process the Council followed in deciding Mr B’s complaint and, therefore have no grounds to question the merits of that decision.

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Final decision

13. We will not investigate Mr B’s complaint because I have seen no evidence of fault by the Council in the process leading to its decision that Councillor X did not breach the code of conduct.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman