Summary: We will not investigate Mr X’s complaint about the Council’s actions to address his complaint about the conduct of a councillor, including delays. This is because the Council has now investigated and replied to Mr X, and we are satisfied with the actions the Council has already taken. It has also apologised for the delays and that is appropriate.

The complaint

1. Mr X complained to the Council about a councillor’s behaviour. He said their actions amounted to abuse and this caused him upset. Mr X also said the Council failed to respond to his complaint and this compounded his upset.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the Council’s arrangements for dealing with complaints about Council Members.

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My assessment

6. Mr X complained to the Council about a councillor’s behaviour towards him. He said the behaviour amounted to a breach of the councillor’s code of conduct.
7. The Council’s arrangements for dealing with complaints about Council Members says it will normally respond within 20 working days of receipt of a complaint. However, the Council did not respond to Mr X’s complaint until after he complained to us, which was a delay of about 21 weeks.
8. In its complaint response, the Council apologised for the delay in replying to Mr X. It also set out what information it considered as part of its investigation into Mr X’s complaint, and its reasons why it did not believe the councillor’s actions were a breach of the code.
9. We will not investigate this complaint. In the period since Mr X first complained to us, the Council has carried out an investigation and provided a response to him. It has apologised to him for the delay. An investigation by us into the Council’s complaint handling would therefore be unlikely to achieve a different outcome for Mr X and we are therefore satisfied with the actions it has taken.

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Final decision

10. We will not investigate Mr X’s complaint because we are satisfied with the actions the Council has already taken.

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Investigator's decision on behalf of the Ombudsman