Summary: We will not investigate this complaint that the Council will not inform Mr X who made a complaint about his conduct as a councillor as it is unlikely we will find fault by the Council and we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complained to the Council about how it had dealt with a complaint about his conduct as a councillor and that the Council did not disclose to him the identity of the complainant. Mr X says this caused him stress and concern. Mr X would like to know the identity of the complainant.

Back to top

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 we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and the Council’s procedures for dealing with councillor conduct complaints.

Back to top

My assessment

6. Recent information from the Council indicates that it had acknowledged that some of Mr X’s concerns were warranted and as a result, had made changes to its processes. Following this, Mr X told the Council his only outstanding issue was the identity of the complainant. The Council told Mr X it had made the decision to not to release this in good faith and in the public interest, due to the nature of the allegations and evidence provided with the complaint. The Council explained it had taken this decision after consultation with its Independent Person and complaint referrals panel.
7. I recognise Mr X remains unhappy with this. However, the Council assessed the complaint and was entitled to come to this decision. We could only question it if there was fault in the decision-making process; Mr X’s complaint does not provide clear evidence of such fault.
8. Additionally, if there had been evidence of fault in the Council’s decision-making process, we could only have asked the Council to re-consider the matter. It would not be for us to recommend the Council reveal the complainant’s identity to Mr X.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman