Summary: We cannot investigate how the Council dealt with a complaint about councillors. The complaint arises from the actions of a school governor and we have no jurisdiction to investigate any issue related to those actions.

The complaint

1. The complainant, who I refer to here as Mr B, is unhappy with how the Council’s Monitoring Officer dealt with his complaint about the actions of councillors. Those actions related to Mr B’s complaint that another councillor has breached the Code of Conduct for councillors. .

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says cannot investigate complaints about what happens in schools; we have no discretion in this. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by Mr B and the Council. I also considered our Assessment Code.

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Final decision

5. We cannot investigate Mr B’s complaint because issues he raised with the Council arose from the actions of a councillor acting as a school governor. We have no jurisdiction to consider those actions or the Council’s actions concerning them.

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Investigator's decision on behalf of the Ombudsman