Summary: We will not investigate this complaint about a committee meeting because it is unlikely we would find fault and the courts are better placed to deal with the complaint.

The complaint

1. Mr Y complained the Council’s officer failed to stop a councillor making comments relating to his company during a public meeting. Mr Y says the comments made were slanderous and have deterred corporate clients from using his business.

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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
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I considered information Mr Y provided, including a public recording of the meeting and considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y has complained about a meeting held publicly in 2022, in which licensing applications were discussed. In the meeting, complaints about Mr Y’s business were discussed, during consideration by councillors relating to a different business’s application for a license. Mr Y has complained the Council’s officer failed to prevent the complaints, which he says have come solely from one councillor, being discussed.
5. However, Mr Y also notes in his complaint that the Council’s officer “repeatedly reminded members it was not a matter for consideration”. This comment, as well as the footage Mr Y has provided, indicate that the Council’s officer did act, so it is unlikely we would find fault as the procedure to raise this and return the committee to the application was followed.
6. A Council’s officer may not however prevent a councillor from voicing their concerns during such meetings. Mr Y considers the councillor’s comments as slanderous and to have negatively impacted his business. This would be a claim for defamation. These are legal claims which may only be determined by the courts. Consequently, the courts are better placed to consider this complaint, as we cannot determine whether there has been defamation. We will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because it is unlikely we would find fault and the courts are better placed to deal with the complaint.

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Investigator's decision on behalf of the Ombudsman