Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint as it does not cause the complainant a level of injustice that would warrant our further involvement.

The complaint

1. Mr X is unhappy with the Council’s decision on his complaint that a councillor’s actions at a planning meeting unduly swayed the voting outcome. Mr X says this has undermined public confidence in the Council’s integrity.

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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 any alleged fault did not cause injustice significant enough to justify our involvement (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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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Background

5. Mr X attended a planning meeting which considered a planning proposal he had objected to. Mr X feels his objections were not properly considered and that the chair of the planning committee unfairly influenced the meeting which impacted on the final vote to approve the proposal. Mr X says he does not wish to challenge the actual planning decision but remains concerned about how the councillor chaired the meeting.
6. The Council assessed Mr X’s complaint. It concluded there had been no breach of its code for councillor conduct as in its view, the chair had acted in a fair and balanced manner and that they had been entitled to express a view on the application.

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My assessment

7. The tangible injustice to Mr X is the granting of planning permission for the proposal that Mr X objected to. It is open to Mr X to complain to the Council about how this decision was reached, but he indicates he does not wish to. In isolation, the conduct of the councillor at the meeting, and the Council’s consideration of Mr X’s complaint about this, does not cause Mr X a level of personal loss or harm that would justify our further involvement. I recognise Mr X remains dissatisfied with these matters, but this does not provide a basis for us to investigate.

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Final decision

8. We will not investigate Mr X’s complaint because he is not caused significant loss or harm from it.

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Investigator's decision on behalf of the Ombudsman