Summary: We will not investigate how the Council dealt with a member conduct complaint as we cannot achieve the outcome the complainant seeks.

The complaint

1. Mr X complains the Council failed to properly investigate his complaint about comments made by a town councillor which Mr X says left him feeling unsafe. Mr X wants the councillor to be suspended from their post.

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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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies though we cannot investigate the actions of town councils and town councillors. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work and disciplinary sanctions are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I recognise that Mr X has strong feelings about what took place, but we will not investigate as we cannot achieve the outcome he seeks as there is no provision in current legislation to allow suspension of a councillor found to have breached the code of conduct.
9. The courts have held that we have discretion not to investigate actions, in this case the Council’s consideration of Mr X’s complaint, which are related to a matter not within our remit, as per paragraph four. Ultimately, we could make no findings on the substantive complaint, the actions of the councillor, as this matter lies outside our jurisdiction, as per paragraph three, nor could we recommend that the Council imposes disciplinary sanctions on the councillor.
10. For these reasons, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman