Summary: We will not investigate this complaint about the Council’s delay in dealing with a complaint about the conduct of two councillors. We consider that further investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council has delayed in dealing with his complaint about the conduct of two councillors.

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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 further investigation would not lead to a different outcome.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. At the end of February, Mr X complained to the Council that two councillors had breached the code of conduct. The Council acknowledged the complaint.
6. The Council’s arrangements for dealing with code of conduct complaints says:

“Officers will aim to convene a Standards Committee Assessment Sub-Committee to consider the complaint within 30 working days of receipt. All complaints will be considered as soon as reasonably practicable. Complaints will not be considered in the pre-election period…”

7. In July, Mr X chased the Council for a response. The Council advised his complaint would likely be heard at the September subcommittee meeting.
8. Mr X complained about the delay. The Council explained there were several factors which contributed to the delay including an increase in the volume of complaints, the quantity of material received and other events such as elections. It also confirmed Mr X’s concerns about the delay will be included in the annual report to the Standards Committee.
9. In response to my enquiry, the Council has confirmed Mr X’s complaint will be heard at the October subcommittee meeting.

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Final decision

10. We will not investigate Mr X’s complaint. We expect the Council to follow its procedures for dealing with code of conduct complaints. However, as it has confirmed it will be hearing the complaint within two weeks of the date of this decision statement, we do not consider further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman