Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint about a councillor’s conduct. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s decision not to investigate his complaint that a councillor breached the code of conduct. He says in considering his complaint the Council has placed too high a premium on the councillor’s right to freedom of speech.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. 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. 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. The Monitoring Officer considered Mr X’s complaint and sought the opinion of the Council’s Independent Person.
8. The Council considered the evidence. They decided the has a right to freedom of expression. On this basis, they decided not to investigate Mr X’s complaint.
9. We will not investigate this complaint. The Monitoring Officer has discretion to decide what complaints will proceed to an investigation. They considered relevant evidence, followed its published procedure for dealing with complaints about councillors and explained to Mr X how they reached their decision. I understand Mr X disagrees with the decision; however, the Ombudsman does not provide a right of appeal on code of conduct complaints. There is not enough evidence of fault in the way the Council dealt with Mr X’s complaint to warrant an investigation.

Back to top

Final decision

10. We will not investigate Mr X ’s complaint because there is not enough evidence of fault in the way the Council considered his complaint about the conduct of a councillor.

Back to top

Investigator's decision on behalf of the Ombudsman