Surrey County Council (23 003 416)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 27 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s investigation into Mr X’s complaints made against a local councillor. This is because there is no evidence to suggest fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s investigation into his complaints made against a local councillor.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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))
How I considered this complaint
- I considered information provided by Mr X, including the Council’s response to his complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made complaints to the Council about the behaviour of a local councillor. The Council officer charged with considering the complaints consulted with the Independent Person in accordance with normal procedures. The Council decided there had been no breach of the Code of Conduct, that no formal investigations were merited and that no informal action was required.
- We do not offer a right of appeal against a council’s decision on member conduct complaints. We can consider if there was fault in the way the council considered the complaint and we will only investigate complaints if there is sufficient injustice to warrant our involvement or we consider it in the public interest to do so.
- While Mr X may be dissatisfied with the Council’s decisions on the complaints he made against the councillor, there is no evidence to suggest fault affected them and we will not investigate the complaint.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman