Summary: We will not investigate this complaint about the way the Council dealt with a complaint that a councillor breached the code of conduct. We have not seen enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council mishandled his complaint that a councillor breached the code of conduct.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. Mr X complained to the Council about a social media post made by a Councillor.
8. The Council considered Mr X’s complaint but decided to take no further action. The Council explained its view that the social media post was not made in the Councillor’s official capacity as an elected member. Because the comment was not in the Councillors official capacity, the code of conduct was not engaged.
9. 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.
10. I recognise Mr X is dissatisfied with the Council’s decision and believes the comment was linked to the Councillors official capacity as an elected member. However, this does not mean the Council is at fault. I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints.

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Final decision

11. We will not investigate Mr X’s complaint. We have not seen enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman