Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a councillor. This is because we are unlikely to find fault and the complainant has not suffered significant injustice.

The complaint

1. Mr X has complained about how the Council’s Monitoring Officer dealt with his complaint about the conduct of a councillor.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions, and we are unable to investigate the actions of the councillor complained about.
5. In this case, I am satisfied the Monitoring Officer properly considered Mr X’s concerns and explained why they would not take further action. The Monitoring Officer was entitled to use their professional judgement in this regard and the Monitoring Officer’s reasons for not investigating Mr X’s concerns were in line with the Council’s arrangements for dealing with code of conduct complaints. As the Monitoring Officer properly considered Mr X’s complaint about the conduct of a councillor, it is unlikely I would find fault.
6. I also do not consider Mr X has suffered significant personal injustice because of the Council’s actions that would warrant an investigation by the Ombudsman.

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Final decision

7. We will not investigate Mr X’s complaint because we are unlikely to find fault. Mr X has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman