Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint that a councillor breached its code of conduct. There is not enough evidence of fault in the way the Council dealt with the complaint.

The complaint

1. Mr X complains about the Council’s decision not to investigate his complaint that a councillor breached its code of conduct.

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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))

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How I considered this complaint

3. I considered information provided by Mr X including the Council’s responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers, and members maintain the highest standards of conduct. Each council has its own procedures for dealing with complaints about breaches of its code of conduct.
6. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillor 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.
7. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s procedure for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mr X’s concerns and the evidence available and explained why they did not consider the complaint should be investigated.
8. I understand Mr X disagrees with the Monitoring Officer’s decision. However, as the Monitoring Officer followed the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find fault in the way the council dealt with his complaint.

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Investigator's decision on behalf of the Ombudsman