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

The complaint

1. Mr X has complained about how the Council dealt with a complaint about the conduct of a parish 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered 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 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.
7. In this case, I am satisfied the Council dealt with the matter in line with its rules for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mr X’s concerns and the evidence available and explained why they did not consider the complaint should be investigated.
8. I understand Ms X disagrees with the Council’s decision. But the Monitoring Officer was entitled to use their professional judgement to decide the complaint should not be formally investigated. As the Council properly considered Mr X’s concerns, in line with the Council’s 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 X’s complaint because we are unlikely to find fault in the way the Council considered his complaint that a parish councillor breached the Code of Conduct.

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Investigator's decision on behalf of the Ombudsman