Summary: We will not investigate Mrs X’s complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because we are unlikely to find fault by the Council.

The complaint

1. Mrs X has complained the Council decided not to investigate the conduct of a councillor further following an initial review. Mrs X says the Council has not followed the Member Code of Conduct, and wants a review of the Council’s process.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council
5. I considered the Council’s ‘Member Code of Conduct’ and its procedure for complaints about breaches of that code.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Local Authorities are required to appoint a Monitoring Officer to ensure that the Council maintains its standards of conduct.
8. The Ombudsman does not provide an appeal to the decision of a Monitoring Officer. Where a decision has been made following the correct process, we will not investigate or comment on the conduct of the councillor involved in the complaint.
9. I am satisfied the Monitoring Officer has considered Mrs X’s complaints and evidence, the Councillor’s response, and has explained the reasons for not investigating further. This decision was also agreed by the Independent Person. This was in accordance with the Council’s procedure for complaints about breaches of councillor code of conduct.
10. Although Mrs X disagrees with the Monitoring Officer, they are entitled to apply their professional judgement and reach their own view.
11. I have not seen evidence of fault in the Council’s decision making; it has followed its procedure. Ms X questions whether the Council’s procedure is fit for purpose, I have seen no evidence to suggest that it is not.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman