London Borough of Havering (21 006 140)

Category : Other Categories > Councillor conduct and standards

Decision : Closed after initial enquiries

Decision date : 16 Sep 2021

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s response to a local councillor. This is because we have no legal remit to investigate complaints made in relation to a councillor’s role.

The complaint

  1. Mr X complains about his local councillor mistakenly being told that Council officers had mistakenly responded to a complaint about the councillor in question.
  1. Mr X says council officers may be interfering with the ability of the councillor to carry out his duties and so affect his right to democratic representation.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate Mr X’s complaint because he is complaining about what happened to his local councillor while the councillor was carrying out his councillor duties. Such complaints are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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