Summary: We will not investigate this complaint about the way the Council dealt with a complaint that several councillors breached the code of conduct. We have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Mrs X complains the Council refuses to investigate her complaint that several councillors breached the code of conduct at a planning committee meeting.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The 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.
6. Mrs X complained to the Council that several councillors had breached the code of conduct by their actions at a planning meeting.
7. The Council considered Mrs X’s complaint. It told her that her complaint did not provide any clear indication of the way any of the alleged actions or comments constituted a breach of the councillors' code of conduct. It confirmed it would not take further action in line with section 4.3.1 of its arrangements for dealing with code of conduct complaints.
8. Section 4.3.1 of the Council’s arrangements for dealing with code of conduct complaint states:
3. A complaint will not normally be investigated if:
1. the complaint appeared to be trivial, vexatious, politically motivated or tit for tat.
9. It is for the Council to determine whether a councillor has breached its code of conduct. The Ombudsman does not provide a right of appeal against the Council’s decision. We could only challenge such a decision if there was evidence of fault in the way it was made.
10. I understand Mrs X is dissatisfied with the Council’s decision. 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.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council considered her complaint that councillors had breached the code of conduct.

Back to top

Investigator's decision on behalf of the Ombudsman