Summary: We will not investigate how the Council dealt with the complainant’s concerns regarding councillor’s conduct. This is because further investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, to whom I refer here as Ms X, says that the Council has taken too long to consider her complaint against the Councillor’s conduct. She says the lack of timely communication from the Council meant that on multiple occasions she had to chase it for a response.

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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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide that further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code and the Council’s Arrangements for dealing with complaints of breach of the Code of Conduct for Members.

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My assessment

5. In the middle of May 2021 Ms X complained to the Council regarding the conduct of one of its councillors. The complaint was finally determined in the beginning of October 2021. The Monitoring Officer (MO) dealing with the case on behalf of the Council offered her sincere apology for the delay in the process. She also conveyed the Councillor’s apology for any unintentional failings in responding to Ms X’s communication. The MO assured Ms X that the Council would issue a letter to the Councillor reminding him of the importance to acknowledge correspondence and advise residents who communicate with him. This action has now been completed.
6. I will not investigate this complaint because further investigation is unlikely to lead to a different outcome. Whilst there were delays in the investigation of Ms X’s complaint, this process has now been completed. The outcomes achieved as a result of the Council’s investigation, including its apology for any delays, seem fair and proportionate. It would not be a right use of public resources to investigate the matter in which we could not add to a previous investigation and would not be able to achieve different outcomes.

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Final decision

7. We will not investigate Ms X’s complaint because further investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman