Bolton Metropolitan Borough Council (23 014 037)

Category : Other Categories > Councillor conduct and standards

Decision : Closed after initial enquiries

Decision date : 16 Dec 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint as there is insufficient injustice caused to the complainant to warrant our further involvement.

The complaint

  1. Mr X complained that a local councillor stipulated that Council funding for refreshments for a public event was to be used at a particular local venue when Mr X wanted the event to be held at a different venue. Mr X says the Council’s response to his complaint is full of inaccuracies. Mr X says this has affected his health.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. While I note that Mr X wanted the event to be held at a different venue, this does not represent a level of injustice that would warrant our involvement, nor in my view, from our perspective, does the Council’s handling of his complaint, given that there is insufficient injustice arising from the substantive matter. As such, we will not investigate.

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Final decision

  1. We will not investigate Mr X’s complaint because the injustice caused to him is not sufficient to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman

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