Summary: We will not investigate this complaint about how the Council dealt with complaints about the conduct of councillors. This is because we are unlikely to find fault. The complainant has not suffered significant injustice as a result of any delays.

The complaint

1. Ms X has complained about how the Council dealt with her complaints about the conduct of councillors.

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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, or
• any injustice is not significant enough to justify our involvement.

(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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. 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.
5. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillors 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.
6. In this case, I am satisfied the Monitoring Officer’s decision not to formally investigate Ms X’s complaints was in line with the Council’s rules for code of conduct complaints. The Monitoring Officer considered Ms X’s concerns and the evidence available and explained why they did not consider the complaints should be investigated. The Monitoring Officer also consulted the Independent Person.
7. I understand Ms X disagrees with the Monitoring Officer’s decision. But the Monitoring Officer was entitled to use their professional judgement to decide not to take further action.
8. Ms X is unhappy with how long it took the Council to respond to her complaint. However, the Council apologised, and I do not consider the injustice Ms X suffered because of any delays significant enough to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find fault. Ms X has not suffered any significant injustice because of any delays responding to her complaints.

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Investigator's decision on behalf of the Ombudsman