Summary: We will not investigate this complaint about the Council's handling of various councillor conduct complaints as this does not cause the complainant a level of injustice significant enough to justify our further involvement.

The complaint

1. Mr X complains the Council has refused to investigate his complaints about the conduct of councillors, in relation to what he says are planning irregularities, via its councillor conduct complaint procedure. Mr X says this impacts him as a council taxpayer.

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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.
3. We cannot investigate an action that we decide affects all or most of the people living in an organisation’s area. (Local Government Act 1974, section 26(7), as amended)0
4. We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. While I recognise Mr X remains unhappy about the Council's handling of his complaints, I do not consider this causes him a level of personal injustice sufficient to warrant us investigating this as a stand-alone matter. Additionally, the Council has committed to investigate the planning decisions in question via its corporate complaint’s procedure, thus mitigating any injustice caused to Mr X. As Mr X claims the injustice from the councillors’ actions impact him as a council taxpayer, these specific matters are not within our remit as they impact all or most of the people in the Council's area ie all other taxpayers, as per paragraph three.
8. For these reasons, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because any injustice caused to him personally is not sufficient to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman