Summary: We will not investigate this complaint about how the Council considered a councillor conduct matter. There is not enough evidence of fault in how the Council made its decision to justify our involvement.

The complaint

1. Ms X complained the Council refused to consider her complaint about communication by several councillors.
2. Ms X said this caused her distress, a waste of effort and a loss of trust in local democracy.
3. Ms X wants the Council to look into her councillor conduct complaint, publicly apologise and consider awarding compensation.

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The Ombudsman’s role and powers

4. 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))
5. 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

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X said several councillors did not satisfactorily respond to her enquiries about an issue affecting most residents relating to utility supplies. The issue affecting most residents is not within our remit to investigate.
9. Local Authorities have a duty to appoint a Monitoring Officer (MO) to ensure the lawfulness and fairness of authority decision making. The MO must ensure the authority, its officers and members uphold the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
10. The Ombudsman does not provide an appeal against the MO’s decisions. We are also unable to investigate or comment on the actions of the councillors 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.
11. I have reviewed Ms X’s communication with the Council about councillor conduct. I am satisfied the MO dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The MO considered Ms X’s concerns and the evidence available and explained their decision.
12. Ms X disagrees with the decision. However, the MO is entitled to use their professional judgement to decide if a formal investigation was required.
13. As the MO properly considered Ms X’s concerns, in line with the Council’s conditions for code of conduct complaints, it is unlikely I could find fault.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault in how the Council made its decision to justify our involvement.

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Investigator's decision on behalf of the Ombudsman