Summary: We will not investigate how the Council dealt with Mr X’s complaint about the conduct of a councillor as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complained to the Council about the conduct of a councillor after Mr X had contacted him for help with a local issue. Mr X says the tone of the councillor’s response to him was almost threatening.

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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. I have considered the Council’s procedure for dealing with councillor conduct complaints.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its decision to Mr X, the Council explained why, with reference to its complaint procedure, it would not take the complaint forward. This was because the Council concluded Mr X’s complaint did not provide sufficient evidence of a breach of the councillor code of conduct. The Council’s decision explained why it had come to this view.
7. We will not investigate as it is unlikely we will find fault by the Council. The Council made a decision it is entitled to and in accordance with its procedure. We cannot challenge the merits of that decision unless there is evidence of fault in how it was reached. While I recognise Mr X is unhappy with the outcome, his complaint does not provide evidence of such fault.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr 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