Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because the complainant has not suffered significant injustice.

The complaint

1. Ms X has complained about how the Council’s Deputy Monitoring Officer dealt with her complaint about the conduct of a councillor.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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 Ms X and the Council.
4. I considered 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. Ms X says the Deputy Monitoring Officer did not properly look into her concerns. However, even if I were to find fault with how the Council dealt with Ms X’s complaint, I do not consider she has suffered any significant injustice. Ms X has explained how she has been impacted by the actions of the councillor. However, the Ombudsman cannot investigate the actions of the councillor complained about and I do not consider the Deputy Monitoring Officer’s handling of the complaint directly caused the injustice claimed.
7. Ms X has complained the Council shared information without permission. However, Ms X can complain to the Information Commissioner’s Office if she is concerned about how the Council handles her personal data as this is the appropriate body to consider complaints about these matters.

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Final decision

8. We will not investigate Ms X’s complaint because she has not suffered significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman