Summary: We will not investigate this complaint about the way the Council dealt with a complaint that a councillor breached the code of conduct. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complained the Council did not consider her complaint about a councillor properly. She said the Councillor’s actions have caused her lasting harm. She wanted an apology and for the Council’s handling of her complaint to be examined.

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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))

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How I considered this complaint

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

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My assessment

5. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
6. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillor complained about. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
7. In this case, the Monitoring Officer delegated responsibility for the initial assessment of Mrs X’s complaint to another officer. I am satisfied the Council dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding to take no further action.
8. I understand Mrs X disagrees with the Council’s decision. As the Council properly considered Mrs X’s concerns, in line with the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.
9. I have also reviewed the Council’s scheme of delegation and am satisfied that the Monitoring Officer is entitled to delegate the assessment of code of conduct complaints to other officers.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman