Summary: We will not investigate Ms X’s complaint about how the Council considered a councillor conduct complaint. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complained that Councillor A removed her social media post and blocked her from the group. Councillor A then posted a warning that those who harass and bully other group members will be removed. Ms X said Councillor A had not removed other similar posts or blocked those posting them. She says she has now been labelled a bully when she did nothing wrong and wants a public apology from Councillor A.

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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 Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s Monitoring Officer is responsible for considering complaints that an elected member has breached the Members’ Code 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 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 disagrees with it.
7. In this case, the Council’s Monitoring Officer decided Councillor A was not acting in their capacity as a councillor when dealing with posts and members of the social media group.
8. Although Ms X considers the Council should investigate regardless of whether Councillor A was acting in an official capacity, the process is set up to address complaints that a councillor may be in breach of the Code of Conduct. The Code applies to their actions as a councillor and not to actions in a personal capacity.
9. We will not investigate the complaint further because there is insufficient evidence of fault to justify our involvement.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman