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. Mr X has complained about how the Council dealt with his complaint about the conduct of a councillor.

Back to top

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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. 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.
6. In this case, Mr X contacted the Council to complain a councillor had not responded to his correspondence. The Monitoring Officer decided not to take further action in relation to Mr X’s concerns. The Monitoring Officer said the matter complained about would not be a code of conduct breach and there was no requirement for councillors to respond to all correspondence.
7. I understand Mr X may disagree. But even if there was fault with how the Monitoring Officer dealt with the complaint, I do not consider Mr X has suffered significant injustice as his concerns about street lighting were still forwarded to the relevant department to deal with.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he has not suffered any significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman