Summary: We will not investigate Mr X’s complaint that the Council did not publish a press notification about a report it received regarding councillor allowances in line with the law. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council failed to publish a press notification about a report into councillor allowances in line with the statutory timescales.
2. Mr X said the matter caused him frustration.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. Mr X complained the Council failed to publish a newspaper notification in line with section 22 of The Local Authorities (Members' Allowances) (England) Regulations 2003 regarding an Independent Remuneration Panel’s report. The law states that the Council must, as soon as reasonably practicable, publish in one or more newspapers a notice stating it has received recommendations from an independent remuneration panel.
7. Mr X complained to the Council. He said the Council received the report on 14 January 2025, but did not publish the notification until 06 February 2025. He said this frustrated his right to raise an objection to the increase in remuneration for members.
8. The Council considered the report at a full cabinet meeting which was held on 22 January 2025. The full agenda and reports were available on the Council’s website at the time.
9. In response to Mr X’s complaint the Council said it issued the press notification within a month of receipt. It considered this was in line with the law.

Analysis

10. We will not investigate Mr X’s complaint. Mr X considers the Council did not publish the press notification quickly enough. The legislation is not specific and is broad in its interpretation. The Council published the notification within a month of receiving the document and the report was available on the Council’s website before the Council’s full cabinet meeting. Consequently, there is insufficient evidence of fault in the Council’s process to warrant an investigation by the Ombudsman, and so we will not investigate this complaint.

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Final decision

11. 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