Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because we are unlikely to find fault.

The complaint

1. Mr and Mrs X have complained about how the Council dealt with their 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. (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 Mr and Mrs X and the Ombudsman’s Assessment Code.

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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. The Ombudsman does not provide an appeal against code of conduct 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.
7. Mr and Mrs X’s complaint was referred to the Council’s assessment sub-committee to consider. I am satisfied the assessment sub-committee dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The assessment sub-committee considered Mr and Mrs X’s concerns and the evidence available and explained why they did not consider the complaint should be considered further. The assessment sub-committee also consulted the Independent Person.
8. I understand Mr and Mrs X disagree with the Council’s decision. But the Council was entitled to use its professional judgement to decide the code of conduct was not engaged in the circumstances. As the Council properly considered Mr and Mrs X’s concerns, in line with its criteria for code of conduct complaints, it is unlikely I could find fault.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman