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

The complaint

1. Mrs X complains about the Council’s decision not to investigate her complaint that a councillor breached the code of conduct.

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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 on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The system of regulation of standards of councillor conduct in England is governed by the Localism Act 2011 (the Act). Under the Act, local authorities have a duty to assess complaints that a councillor may have breached its code of conduct, having reference to their own published procedure for dealing with such complaints.
6. Mrs X complained to the Council about the conduct of a Councillor.
7. The Council considered Mrs X’s complaint but decided to take no further action. The Council told Mrs X it did not consider it was in the public interest to carry out an investigation.
8. I recognise Mrs X is dissatisfied with the Council’s decision. However, the Council’s deputy Monitoring Officer considered her complaint according to its published assessment criteria for standards complaints. They consulted the Council’s Independent Person before making the decision not to investigate.
9. It is for the Council to determine whether a councillor has breached its code of conduct. We could only challenge such a decision if there was evidence of fault in the way it was made. However, having reviewed the relevant information, I am satisfied the Deputy Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints.

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Final decision

10. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the way the Council made its decision not to investigate her complaint that a councillor breached the code of conduct.

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Investigator's decision on behalf of the Ombudsman