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 on the complaint.

The complaint

1. Mr X complains about how the Council’s Monitoring Officer considered his complaint that a councillor had breached the Code of Conduct for elected members.

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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 that is likely to have affected the outcome. (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 X and the Council. I also considered our Assessment Code.

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My assessment

5. We do not provide an appeal against a Monitoring Officer’s decision; we can only consider how a Monitoring Officer considered a complaint about a councillor. Further, it is not our role to investigate or comment on the actions of the councillor Mr X complained about.
6. The Monitoring Officer considered the information Mr X provided about the actions of the councillor. She also sought the views of the Independent Person.
7. While the outcome is confidential, I am satisfied the independent investigation commissioned by the Monitoring Officer was proportionate to the concerns raised. The available evidence was considered and a conclusion reached based on the expert judgement of the independent investigators which has been accepted by the Council. While this took considerable time and the Council may have kept Mr X better informed of progress, I do not consider this caused him injustice that warrants our involvement.

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Final decision

8. We will not investigate this complaint. It is unlikely we would find fault in how the Council considered Mr X’s concerns about the councillor caused him injustice we should investigate.

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Investigator's decision on behalf of the Ombudsman