Summary: We can not investigate Mr X’s complaint about the actions of a Parish Councillor. We do not have any jurisdiction over their actions. Nor will we investigate how the Council considered Mr X’s complaint. There is no worthwhile outcome we can achieve because we cannot consider this substantive complaint. In any case we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complained to the Council about his concerns relating to the actions of a Parish Councillor, Mr X said they behaved unprofessionally, and he wanted the Council to investigate. Mr X was also unhappy the Council’s investigation was delayed and did not fully address his concerns.
2. Mr X wants the Council to re investigate and retract part of the investigation findings.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Parish Councils. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. 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 no worthwhile outcome achievable by our investigation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Mr X and I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2023, Mr X, raised his concerns about a Councillors conduct with the Council. These related to the Councillor’s actions in public and online. The Council investigated these concerns and decided the Councillor’s actions were not a breach of the code of conduct.
8. Mr X expressed his dissatisfaction with the Council’s investigation and said he was unhappy with comments made about him, which were included in the investigation report. He also said the Council had not followed its procedures and had taken too long to deal with his complaint.
9. We will not investigate this complaint. The law does not allow us to investigate Mr X’s substantive complaint, which is about the actions of a Parish Councillor. Therefore, because we could not carry out a meaningful investigation, there is no worthwhile outcome we can achieve.

Additionally, we could not direct the Council to amend its investigation record or retract parts of its contents, so cannot achieve part of Mr X’s outcome in any case.

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Final decision

10. We will not investigate Mr X’s complaint because there is no worthwhile outcome we can achieve.

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Investigator's decision on behalf of the Ombudsman