Summary: We will not investigate this complaint about how the Council dealt with a complaint about a councillor. There is insufficient evidence of fault in the way the Council dealt with the complaint.

The complaint

1. Mrs X complains about the Council’s decision that a councillor did not breach the code of conduct.
2. She wants an independent investigation

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Local Authorities have a duty to designate a Monitoring Officer (MO) to ensure the lawfulness and fairness of authority decision making. The MO must ensure 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.
7. The Ombudsman does not provide an appeal against the MO’s decisions. We are also unable to investigate or comment on the actions of the councillors complained about. 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.
8. In this case, I am satisfied the MO dealt with the matter in line with the Council’s rules for code of conduct complaints. The Monitoring Officer considered Mrs X’s concerns and decided it should be investigated. They appointed an investigating officer.
9. The investigating officer (IO) looked into Mrs X’s complaint. They considered the information provided by Mrs X and others and interviewed those involved.
10. The IO prepared a draft report on their findings. They shared this with Mrs X and considered her comments before issuing a final report. The IO considered the councillor had not breached the code of conduct. The MO considered the final report and decided it was acceptable.
11. I understand Mrs X disagrees with the way the Monitoring Officer made their decision. But they were entitled to use their professional judgement. As Mrs X’s complaint about the councillor was considered and investigated in line with the Council’s procedure for code of conduct complaints, it is unlikely I could find fault.
12. Also, we cannot achieve Mrs X’s desired outcome from the complaint, which is for an independent investigation. The law says the Ombudsman cannot investigate complaints about the actions of parish councils as independent authorities, and their staff.

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Final decision

13. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the way the Council dealt with her complaint.

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Investigator's decision on behalf of the Ombudsman