Wealden District Council (22 016 455)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 23 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of a complaint about a parish councillor. This is because the complaint is late and there are no good reasons to investigate now.
The complaint
- Mr X complains the Council has failed to consider his complaint against a parish councillor properly.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant that includes the Council’s responses. I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint is about what happened at an Annual Parish Meeting in May 2021. Mr X says a parish councillor accused him of peddling fake news at this meeting. And, when he raised a complaint to the Council’s Monitoring Officer, in July 2021, it failed to respond.
- I will not investigate as the matters giving rise to the complaint have been brought late outside of our usual 12-month period for submitting complaints. And I have seen no good reasons why Mr X could not have brought his complaint earlier.
Final decision
- We will not investigate Mr X’s complaint because it has been made late and there are no good reasons for us to investigate now.
Investigator's decision on behalf of the Ombudsman