Summary: We will not investigate this complaint about the Council’s handling of Ms X’s Code of Conduct complaint made against a councillor. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains about the Council’s handling of the Code of Conduct complaint she made against a local councillor. She says it did not properly consider her complaint against the councillor.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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

4. I considered information provided by the complainant, including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to offer a right of appeal against a council’s decision on member conduct complaints. While we can consider if there was fault in the way a council considered such a complaint, we will only investigate if there is sufficient injustice to warrant our involvement or we consider it in the public interest to do so.
7. The Council considered Ms X’s complaint against the councillor and, having consulted with the Independent Person, decided there was no evidence of a breach of the Code and did not uphold the complaint.
8. While this may be a disappointing decision for Ms X, there is no evidence to suggest fault affected it. Moreover, the matter at the heart of the complaint relates to a planning decision against which Ms X has appeal rights to the Planning Inspectorate.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman