Summary: Mr X complains about the way the Council investigated his concerns about a possible breach of the Councillors’ code of conduct by an elected councillor. We have found no evidence of fault in the way the Council considered these matters. So are completing our investigation.

The complaint

1. I have called the complainant Mr X. He complains about the way the Council investigated his concerns about a possible breach of the Councillors’ code of conduct by an elected councillor. And in the way a councillor has recorded their register of interest under the Council’s new code of conduct adopted in 2021. Mr X says this has caused him upset and distress.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for an organisation review or appeal.

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

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have read the papers submitted by Mr X and spoken to him about the complaint. I considered the Council’s response to Mr X’s complaints and its code of conduct complaints procedure.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legal and administrative information

6. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
7. Monitoring Officers are also responsible for maintaining a Register of Member’s Interests including disclosable pecuniary interests (DPI). Members must disclose pecuniary interests, or other interests as determined by the Council’s code of conduct, to the Monitoring Officer on taking office. Pecuniary interests include business interests (for example employment or any company there is an association with) and any wider financial interests such as land and property investments.
8. The Ombudsman does not provide an appeal against the Monitoring Officer’s decision. We can only look at how the complaint was considered. We are also unable to investigate or comment on the actions of the councillor complained about.

The Council’s Code of Conduct Complaints procedure

9. Councils are required to have ‘arrangements’ in place to investigate allegations an elected councillor has failed to comply with the relevant code of conduct. Under the Council’s code of conduct the allegations are investigated by the Monitoring Officer. The officer can dismiss complaints under certain circumstances including if it relates to an incident that happened over 6 months before the date of the complaint.
10. The Monitoring Officer reviews each complaint to see if there are valid grounds to investigate. This may include seeking further information from the complainant, the councillor or information readily available such as minutes of Council meetings. If the officer decides not to investigate then the officer will explain why.
11. If the Monitoring Officer decides the complaint merits investigation, it is investigated, and a report written. If the complaint is upheld the Monitoring Officer may seek to resolve it locally with the councillor. The officer can also take it to a Review Panel hearing in front of three councillors or refer it directly to Full Council for consideration.

Background to the complaint

12. In January 2022 Mr X complained to the Council about the actions of Councillor Y in a Planning Committee meeting. Mr X said in 2021 Councillor Y failed to declare a conflict of interest at a Planning Committee meeting while considering a planning application. Mr X said Councillor Y was a director of a community organisation which could benefit because of a planning permission. Mr X was unclear whether the councillor was paid or not for the role. But the position as a director could conflict with councillor duties and influence decisions. Mr X said Councillor Y had not entered the role of director on the Council’s register of interests or declared an interest at the planning meeting. But had spoken at the meeting which approved the application.
13. Mr X also complained the Council’s code of conduct was limited, out of date and did not meet the Local Government Association’s model code of conduct. Mr X asked the Council to:
• ensure Councillor Y correctly completed the register of interests.
• ensure it provided Councillor Y with guidance on the code of conduct, how to act with integrity and declare and manage conflicts of interests.
• tell Councillor Y to remove themselves from planning decision where they have a conflict of interests
• withdraw the planning decision and rehear it.
14. The Council’s Monitoring Officer responded to Mr X’s concerns in January 2021 and spoke to Councillor Y. The officer said the Council had implemented a new code of conduct from November 2021 in line with the model code. So had an appropriate code now in place. The officer explained the Council was entitled to appoint a councillor to the board of the organisation and it appointed Councillor Y to act on its behalf. The councillor acted on the board solely in their role as a councillor.
15. The Planning Committee complained about took place while the old code of conduct was effective. The Monitoring Officer explained under that code there was no requirement for the councillor to register such as interest as a DPI. So, no DPI to declare.
16. The Monitoring Officer did not consider ‘board membership of the organisation constituted inclusion’ on the register of interests under the old code. The officer said the councillor did not consider the board membership significant enough to prejudice their judgement and so did not include it in the register of interests.
17. The officer said Councillor Y confirmed no financial interest in the organisation, clarified comments made at the meeting and attended the meeting as a member of the Planning Committee. The officer considered Councillor Y an experienced member of the Council and Planning Committee. So aware of the need to consider applications with an open mind. The officer did not consider it necessary for the councillor to declare a DPI in the matter so no need to withdraw the planning decision on the application. The officer concluded no breach of the code of conduct and did not intend to take further action.
18. The officer confirmed all members of the Council had been provided with training on the new code of conduct which included completing the register of interest and disclosure of interest. It was also conducting separate sessions for Planning Committee members as part of their compulsory training.
19. Mr X raised further issues with the Monitoring officer in January 2021. Mr X said the model code required members to register DPI’s and also ‘Other Registerable Interests’ (ORI). This included interests such as unpaid Directorships and a body a councillor was a member of or nominated or appointed by their authority.
20. Mr X considered Councillor Y’s appointment to the organisation was an ORI so should be included in the Councillor’s register of interests. And should have been added within 28 days of the new code of conduct. Mr X asked the Council to add Councillor Y’s position as a member of the organisation and be reminded of their responsibilities about doing so. Mr X also asked the Council to update the code of conduct on its website as it was still showing the old version.
21. The Monitoring Officer confirmed the Council was reviewing registers of interest due to the change in the new code of conduct and advising councillors on their responsibilities. It was covered in training provided to Councillors including Councillor Y. The Monitoring Officer said he would be reviewing Councillor Y’s register of interest to see if there were any omissions to recommend for inclusion.
22. The Monitoring officer advised Mr X the Council was in ‘the process of comprehensively reviewing and updating’ the Council’s constitution which included the previous code of conduct. The officer said he would ensure the code was replaced on the website as soon as possible.
23. The Council’s website shows it updated the code of conduct in March 2022. Mr X recognises the update, but considers the Council took too long to do so after approving the new code in November 2021. Mr X considers the Council’s delay unreasonable.
24. Mr X also raises concerns about the way Councillor Y registers interests on the Council’s website. Mr X says Councillor Y includes directorship of the organisation in ‘Other disclosable interests’ and an ‘appointment outside of the Council’. Mr X believes these are the wrong categories and obscures the Councillor’s conflict of interests. Mr X alleges the Council created the ‘appointments outside of the Council’ category specially for Councillor Y.

My assessment

25. In this case, the documents show the Monitoring Officer reviewed Mr X’s complaint, relevant documents and spoke to Councillor Y. The officer decided not to take further action as they did not consider the councillor had breached the code of conduct in place at the time. I understand Mr X may disagree, but this was a decision the Monitoring Officer was entitled to make. As the Monitoring Officer dealt with Mr X’s concerns in line with the Council’s criteria for code of conduct complaints and the evidence available, I do not consider there is any fault by the Council in the way it considered Mr X’s complaint.
26. The Council has now replaced the code of conduct on its website with the one approved in November 2021. The Council advised Mr X it was comprehensively reviewing its constitution which included the code of conduct. The Council is likely to take some months to carry out such a review and to implement changes. This is because the Council needs to have any changes formally approve at Council meetings, and it may take some time. While Mr X may be unhappy it took the Council four months to replace its code of conduct on the website, I do not consider it has caused a significant injustice to him to warrant us investigating the matter further. And the Council has now updated its code of conduct on the website which was the outcome Mr X was seeking.
27. The Council’s documents show the Council has carried out training for councillors about the new code and their responsibilities. Councillor Y was included in the training. The website shows Councillor have updated their registers of interest which was also part of the outcome Mr X was seeking. Because of this I do not consider I can add anything through further investigation.
28. The Council’s website shows other Councillors have the category of ‘appointments to outside bodies’ listed on their register of interests. And so, it is not limited to Councillor Y. However, I have not seen any evidence that Mr X has raised this and his concerns about the way Councillor Y’s interests are recorded on the website as a formal complaint to the Council to consider. Any such issues and complaints about listing a councillor’s interests are part of the code of conduct. As such they are matters for the Monitoring Officer to consider and so Mr X should direct his concerns about this to the Council.

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Final decision

29. I am completing my investigation. I have found no evidence of fault in the way the Council investigated Mr X’s concerns about a possible breach of the Councillor’s code of conduct by an elected councillor.

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Investigator's decision on behalf of the Ombudsman