Summary: We will not investigate the Council’s handling of a councillor conduct complaint as it is unlikely we will find fault in this.

The complaint

1. Mr X complained to the Council about comments a councillor made in a local news publication which he was offended by as a local resident. Mr X complains the Council has failed to properly assess his complaint and he says this has eroded his trust in local governance.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its response to Mr X, the Council advised that under the Localism Act 2011, in order for the code of conduct to be engaged a councillor must be acting in their official capacity as a councillor. The Council reviewed the comments in question and in its view, the councillor was giving a personal view and was not acting in his official capacity as a councillor. As such, the code of conduct was not engaged, and the complaint could not therefore be progressed.
7. I recognise that Mr X does not accept the Council’s assessment but we cannot challenge it unless there is evidence of fault in the assessment process. I have referred to the Localism Act and the Council’s own procedure for dealing with councillor conduct complaints and I have not seen an indication of fault in the Council’s assessment. We cannot therefore be critical of the Council’s decision, and we will not therefore investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman