Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because the complainant has not suffered significant injustice.

The complaint

1. Ms X has complained about how the Council dealt with her complaint about the conduct of a councillor.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not 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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
5. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the Parish Council or the councillor complained about. 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.
6. In this case, I am satisfied the Council’s decision not to formally investigate Ms X’s complaint was in line with its rules for code of conduct complaints. The Council considered Ms X’s concerns and the evidence available and explained why it did not consider the complaint should be investigated. The Independent Person was also consulted.
7. I understand Ms X may disagree with the Council’s decision. However, the Council was entitled to use its professional judgement to decide further action should not be taken.
8. There does seem to have been a delay before the Council sent its response to Ms X. However, I do not consider that any injustice suffered by Ms X because of the delay would be significant enough to justify an investigation by the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because she has not suffered any significant injustice because of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman