Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint as it is unlikely we will find fault by the Council plus we cannot achieve the outcome the complainant wants.

The complaint

1. Mr X is unhappy the Council decided not to take further action following his complaint to it that town councillors had failed to provide reasonable adjustments he had requested. Mr X wants the town council to ensure that it complies with its duties under the Equality Act 2010.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)
5. We investigate complaints about some councils and certain other bodies. We cannot investigate the actions of town council. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council considered Mr X’s complaint and decided that the councillor conduct by itself would not constitute a breach of the adopted code of conduct for councillors and that the circumstances of the case were in essence more of a governance issue and not something therefore to be considered against the code of conduct. As such, the Council rejected Mr X’s complaint.
9. We will not investigate as it is unlikely we will find fault by the Council. It considered Mr X’s complaint and made a decision it is entitled to, in line with its complaint procedure, which I have had regard to. In the absence of fault in the Council’s consideration of the matter, we cannot question the merits of the decision itself.
10. Additionally, town councils are not bodies within our remit and we could not therefore compel the town council in question to act regarding Equality Act duties.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman