Summary: We will not investigate this complaint about how the Council’s Monitoring Officer dealt with a code of conduct complaint. This is because it is unlikely we would find fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council’s Monitoring Officer dealt with his complaint about the actions of a local councillor.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. 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 that 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.
5. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillor complained about. However, where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
6. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mr X’s concerns and the evidence available but decided the complaint should not be investigated as the councillor complained about did not appear to be acting as a member of the authority at the time and the code of conduct therefore did not apply. The Monitoring Officer also consulted the Independent Person.
7. Mr X disagreed with the Monitoring Officer’s decision and said the Councillor was acting in their official capacity. But the Monitoring Officer explained why this did not change their decision not to investigate the complaint and why an investigation would not be in the public interest.
8. The Monitoring Officer was entitled to use their professional judgement to decide an investigation was not necessary. As the Monitoring Officer properly considered Mr X’s concerns, in line with the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman