Summary: We will not investigate this complaint about the Council’s failure to investigate a complaint about the conduct of a councillor. We have not seen enough evidence of fault. Nor will we investigate a complaint about data protection matters. It is reasonable to expect Mr X to complain to the Information Commissioner’s Office about these concerns.

The complaint

1. Mr X complains the Council:
• breached the data protection regulations
• obstructed the complaint process; and
• refused his request for reasonable adjustments.

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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
• there is another body better placed to consider this complaint.

(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. Mr X complained to the Council about the conduct of a councillor.
6. The Council asked Mr X to complete the Code of Conduct complaint form. It also provided the questions on the form in an email. It advised Mr X he could answer the questions in an email instead of using the form. The Council stressed to Mr X that it needed all the information requested as this “sets the structure for the investigation and makes sure that there is a clear understanding of the nature of the complaint and the evidence surrounding it.”
7. Mr X refused to answer the questions.
8. The Council’s process for dealing with complaints about councillors states a complaint may be made online or using a downloadable complaint form. It also says:

“Please ensure that when submitting our complaint you provide sufficient information for the Monitoring Officer to determine whether a complaint is valid and if so an investigation or other action is warranted.”

9. I understand Mr X believes the Council has “sufficient detail to proceed without unnecessary procedural barriers.” However, the Ombudsman is not an appeal service and it is for the Council to decide whether it has enough information to investigate Mr X’s complaint.
10. Mr X also complains the Council has breached the Data Protection Regulations.
11. The Information Commissioner’s Office is the organisation best placed to consider complaints about how organisations handle people’s data. In the absence of a wider complaint within our remit, there is not a good reason for us to consider the matter instead.

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Final decision

12. We will not investigate Mr X’s complaint because.
• We have not seen sufficient evidence of fault in the way the Council responded to his complaint about the conduct of a councillor to justify an investigation.
• We have not seen enough evidence that the Council failed to consider his request for reasonable adjustments.
• It is reasonable to expect Mr X to complain to the Information Commissioner’s Office with his concerns about data protection matters.

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Investigator's decision on behalf of the Ombudsman