Summary: We will not investigate this complaint about how the Council dealt with a complaint about a councillor. This is because there is insufficient evidence of fault.

The complaint

1. Miss X complains about how the Council’s Monitoring Officer dealt with a complaint she made about a councillor and about the actions of an antisocial behaviour officer.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X asked the Council’s Monitoring Officer to consider a complaint about the actions of a councillor and an antisocial behaviour officer.
6. The Monitoring Officer suspending their assessment of Miss X’s complaint about the councillor because of an ongoing police investigation concerning the same matter. The councillor left their post before the police investigation was complete so the Council could not take any further action.
7. I will not investigate Miss X’s complaint about how the Council dealt with her complaint about the councillor. This is because there is insufficient evidence of fault by the Council. This is because its guidance makes it clear that investigations into the conduct of councillors should be deferred when there is an ongoing police investigation.
8. I will not investigate how the Council dealt with Miss X’s complaint about the actions of the antisocial behaviour officer. This is because the Council considered this under its complaint’s procedure, and it is currently being considered by the Ombudsman under a separate complaint.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman