Summary: We will not investigate Mr X’s complaint about the Councils handling of a complaint about his conduct. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complains about how the Council carried out its investigation of complaints about his conduct. He says it was stressful and humiliating. He would like an apology, an independent investigation and staff training. He would also like to be reimbursed for travel costs for training he was required to undertake.

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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))
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)

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How I considered this complaint

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

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My assessment

6. 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.
7. Mr X says that the Council did not follow procedures when considering complaints against him. He also complained about delay. He says that being required to carry out training was humiliating.
8. 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 councillor 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.
9. In this case, I am satisfied that the matter was decided in line with the Council’s policy for code of conduct complaints. I understand that Mr X disagrees with the decisions made but it is unlikely that I could find fault.

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Final decision

10. 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