Summary: We will not investigate Ms X’s complaint about a councillor’s conduct and how the Council dealt with her complaint. There is insufficient evidence of fault in how the Council reached its decisions to warrant an investigation.

The complaint

1. Ms X complains about a councillor’s conduct and how the Council dealt with her complaint. She says the Council has failed to fully investigate her concerns and the matter has caused her distress.

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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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s Monitoring Officer is responsible for considering complaints that an elected member has breached the Members’ Code of Conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
7. 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 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.
8. In this case, the Monitoring Officer considered Ms X’s complaint but decided not to pass the case for formal investigation. They did however recommend informal resolution.
9. Ms X was dissatisfied with the outcome.
10. We will not investigate this complaint. The Council has followed the correct procedure and appropriately considered Ms X’s complaint and so we cannot criticise the decisions made. I accept Ms X is dissatisfied with the decision not to formally investigate, but there is insufficient evidence of fault in how the Council reached its decision to warrant an investigation.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman