Devon County Council (24 008 388)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 20 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about standard committees because there is not enough evidence of fault to justify investigation.
The complaint
- Miss Y complained the Council has failed to resolve her complaint about the Councillors in her area, who she says do not care about the area or people in it.
- Miss Y says she feels ignored and unrepresented.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y complained to the Council that in her opinion the Councillors in her area do not represent the people in her area and do not care about the area. The Council’s Monitoring Officer responded, explaining that they were able to investigate allegations around Councillors’ behavior where they may have breached the code of conduct. As Miss Y had not provided information, which was specific about a Councillors’ behavior, or any other such breach, the Council said it was unable to investigate. Miss Y then approached us.
- The Council has considered the information Miss Y provided to it about her complaint. It has also considered communication she had online with Councillors. In responding to Miss Y’s complaint, the Council referred to its policy for considering such complaints and has been able to explain its reasons for its response, that without allegations of a breach which it is able to specifically investigate, rather than generally, it is unable to investigate.
- We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
- In this case, the Council has properly considered the complaint against relevant criteria before providing its response. Consequently, it has properly considered the complaint so there is not enough evidence of fault to justify our investigation.
Final decision
- We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigation.
Investigator's decision on behalf of the Ombudsman