Summary: We will not investigate Ms X’s complaint about the Council’s handling of her complaint about a parish councillor, the actions of the parish councillor and the parish council’s decision to evict her from her allotment. There is insufficient evidence of fault in the Council’s actions. We cannot investigate the actions of parish councils or councillors.

The complaint

1. Ms X complains about the Council’s handling of her complaint about a parish councillor, the actions of a parish councillor and the parish council’s decision to evict her from her allotment.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as parish councils. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

6. 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.
7. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. Where a Monitoring Officer has made a decision 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 the case, I am satisfied the Council considered Ms X’s complaint in line with the Council’s rules for dealing with code of conduct complaints, before deciding to take no further action. It appropriately considered her concerns, the councillor’s response and appropriate evidence. It explained the reasons for its decision to take no further action to her. There is insufficient evidence of fault to warrant an investigation.
9. We cannot investigate the actions of parish councils or parish councillors and so cannot investigate the parish councillor’s actions or the parish council’s decision to terminate her allotment tenancy.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault in the Council’s handling of her complaint, and we cannot investigate the actions of parish councils or parish councillors.

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Investigator's decision on behalf of the Ombudsman