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. Miss X complained to the Council that a Council member breached the member code of conduct in a series of emails they sent to Miss X. Miss X says this has caused her anxiety, sleepless nights and has been mentally exhausting. Miss X would like an apology from the Council member and for them to resign.

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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 or we can achieve no meaningful outcome/the outcome someone wants (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)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council’s procedure for dealing with councillor conduct complaints.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The system of regulation of standards of councillor conduct in England is governed by the Localism Act 2011 (the Act). Under the Act, local authorities have a duty to assess complaints that a councillor may have breached its code of conduct, having reference to their own published procedure for dealing with such complaints.
8. The Council considered Miss X’s complaint but decided to take no further action as in its view, after having considered the email exchange, it did not consider that a breach of the code of conduct was evidenced. The Council explained why it had reached this view.
9. As per paragraph seven, it is for the Council to determine whether a councillor has breached its code of conduct. We could only challenge such a decision if there was evidence of fault in the way it was made. While I recognise Miss X remains unhappy with the outcome of her complaint, this does not equate to the Council being at fault. The Council had full details of Miss X’s complaint, considered it and made a decision it is entitled to under its councillor conduct complaint procedure. There is insufficient evidence that the Council was at fault in how it did this and so we will not investigate.
10. Additionally, we would generally not investigate a complaint where the only meaningful outcome might be an apology as we have limited resources and must direct them to the most serious case. We have no role to play in imposing sanctions on individuals as such matters are not within our legal remit.

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Final decision

11. We will not investigate Miss 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