Summary: We will not investigate this complaint about a breach of the Code of Conduct for Councillors as there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has allowed Councillors to act in breach of the Councillor’s Code of Conduct.
2. Mr X also complains the Council gave him advice which was based on bias, and that this caused him to be legally exposed. He says the Council has caused him and his family significant distress.
3. Mr X is seeking acknowledgement the Council’s advice was negligent, an independent review of the Councillor’s conduct, and a financial remedy.

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The Ombudsman’s role and powers

4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code, and the Council’s Code of Conduct.

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My assessment

7. Mr X complains the Council has allowed Councillor’s to act in breach of the Councillor’s Code of Conduct and that this has led to biased advice being given to him.
8. Mr X was involved in a dispute with a community group. Councillors attend meetings of the community group regularly and provide updates on issues the group has raised with the Council.
9. The Council’s Monitoring Officer has considered the complaint with an Independent Person and found no breach of the Code of Conduct.
10. The Monitoring Officer clarified the Councillors had not exercised decision making powers at the community group’s meetings.
11. Having considered minutes from meetings provided by Mr X, I have not seen any evidence of a breach of the code of conduct.
12. Attendance at the meetings does not in itself evidence bias in decisions the Councillors could then make in their positions in the Council.
13. On the advice given to Mr X, this advice was given more than 12 months before Mr X brought the issue to this office, so it is late.
14. I have not seen any reason to exercise discretion to investigate this now as it seems unlikely we would find fault if we did. This is because the Council can say issues can be resolved through legal recourse where an agreement cannot be reached by parties.
15. For the sake of clarity, it is not for this office to make findings of negligence.

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Final decision

16. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman