Summary: We will not investigate Mr X’s complaint about the Council’s refusal to investigate his complaint about a town council employee. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to investigate his complaint about a town council employee.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X complains the Council has wrongly told him it has no jurisdiction to consider his complaint about a town council employee.
6. We will not investigate this complaint as there is insufficient evidence of fault in this decision. Council monitoring officers can consider complaints about town or parish councillors, but not town or parish council employees.
7. We cannot investigate the actions of town or parish councils.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman