Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complained the Council did not investigate a complaint about his conduct as a councillor appropriately. Mr X stated that the complaint investigation process had tarnished his reputation and caused significant anxiety. He would like the Council to publicly apologise for persecuting and victimising him.

Back to top

The Ombudsman’s role and powers

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))

Back to top

How I considered this complaint

2. I considered information provided by Mr X and the Council.
3. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. 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.
5. Mr X complained that the Council’s investigation of a code of conduct complaint was part of a relentless campaign against him. He also stated that the investigation set out to engineer 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 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 there is not enough evidence of fault to justify our involvement.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman