Summary: We will not investigate this complaint about how the Council dealt with a complaint about a councillor’s conduct. This is because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about how the Council dealt with a complaint about the conduct of a councillor. The complaint relates to comments made by the councillor in regard to matters relating to court proceedings that took place several years ago.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

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. 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 different rules for dealing with complaints about code of conduct breaches.
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 rules 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. The Monitoring Officer also consulted the Independent Person.
8. I understand Mr X disagrees with the Monitoring Officer’s decision. But the Monitoring Officer was entitled to use their professional judgement to decide a formal investigation would not be proportionate or necessary in the public interest. As the Monitoring Officer properly considered Mr X’s concerns, in line with 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 there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman