Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. 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 councillor. Mr X says the Council has misapplied the member’s code of conduct and the relevant law. He also says the Council’s response is contradictory and it has failed to take steps to address proven misconduct by a councillor. Mr X says the Council has breached its duties under the Localism Act 2011 to promote and maintain high standards of conduct.

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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 Mr X and 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 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.
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. I understand Mr X disagrees with the Council’s decision and its reasons for not investigating his complaint. However, the Council considered the concerns raised by Mr X and the evidence available and properly explained why it did not consider the complaint should be investigated. The Council was entitled to use its professional judgement in this regard. As the Council properly considered Mr X’s concerns before deciding the complaint should not be formally investigated, it is unlikely I could find fault.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman