Summary: We will not investigate how the Council dealt with a councillor conduct complaint as it does not cause the complainant a level of injustice that would justify our further involvement.

The complaint

1. Mr X complained to the Council about comments a councillor made about a murder of a prominent person in another country. Mr X says he is left frustrated and concerned by the Council’s decision not to carry out a full investigation of the complaint, after the councillor resigned.

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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 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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council advised Mr X that the comments did represent a breach of the councillor code of conduct but as the councillor had resigned, a full investigation would not be carried out. The Council said there was no public benefit in carrying out a full investigation nor could it sanction the councillor.
6. I recognise that Mr X has strong feelings about the matter, but I do not consider he is personally impacted by the Council’s decision on the complaint, to a degree that would warrant our further involvement, in the public interest. We will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because he is not personally impacted by it to a degree that would warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman