Summary: We cannot investigate this complaint about how the Council handled Ms X’s allegation that a councillor failed to declare a pecuniary interest. This is because we cannot investigate allegations of criminal activities.

The complaint

1. Ms X complained about how the Council’s Monitoring Officer dealt with her complaint that a councillor failed to declare a pecuniary (financial) interest.
2. Ms X says this has had a financial impact on her. She wants the Council to repay these costs and the Police to investigate her allegations.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. This means we cannot investigate complaints about potential criminal matters.

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How I considered this complaint

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

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My assessment

6. The failure to declare a pecuniary interest if you are a councillor is a criminal offence. The law says that we are unable to investigate complaints about potential criminal activities. We also do not have the power to instruct the Police on what they should investigate.

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Final decision

7. We cannot investigate Ms X’s complaint because we do not have the power to investigate complaints about potential criminal activities.

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Investigator's decision on behalf of the Ombudsman