Summary: We will not investigate this complaint about standards committees because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council failed to investigate his complaint about the behaviour of parish councillors in his area. Mr Y says this has led to the behaviour continuing, making him feel persecuted.

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. (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)

Back to top

How I considered this complaint

4. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Local Authorities have a duty to appoint a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the authority, its officers, and members maintain the highest standards of conduct.
6. While Mr Y may disagree with the Monitoring Officer’s decision not to investigate, they were entitled to use their professional judgement. In this case, other complaints have been dealt with in a series of complaints amongst local parish councillors relating to their conduct towards each other.
7. The Council considered the complaints and found that it was not, in their view, suitable to spend public funds on investigating the complaints as the Council considered the complaints to have become tit-for-tat.
8. Consequently, it decided not to investigate but try to deal with the issues amongst those involved in a more informal way. This is in accordance with its policy and as it has been able to explain its rationale, having considered the situation as a whole, there is not enough evidence of fault in the decision-making process to justify investigating this complaint. We will therefore not investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman