Summary: We will not investigate this complaint about a councillor’s comments. The personal injustice suffered by Ms X is not significant enough to warrant investigation, and we cannot achieve the outcome Ms X seeks.

The complaint

1. Ms X complains a councillor issued a statement seemingly in support of residents flying flags on public property. Ms X feels the councillor breached the Council’s code of conduct and says the comment encourages residents to take actions which she finds distressing and may be unlawful. Ms X wants the councillor removed from their position, and for the Council to issue a counter statement.
2. Ms X complains the Council did not address her concerns when it decided the councillor did not breach the code of conduct.

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The Ombudsman’s role and powers

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 any injustice is not significant enough to justify our involvement or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Ms X’s complaint because there is not enough evidence Ms X has suffered a significant injustice. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
7. I recognise social inclusivity is important to Ms X, and she finds the flags distressing. However, I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation.
8. In any event, the Ombudsman cannot recommend the Council removes the councillor from his position. So, an investigation would not achieve the outcome Ms X seeks. So, we will not investigate this complaint.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue. So, we will not investigate how the Council handled Ms X’s complaint.

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Final decision

10. We will not investigate Ms X’s complaint because the personal injustice is not significant enough to warrant investigation, and an investigation could not achieve the outcome Ms X seeks.

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Investigator's decision on behalf of the Ombudsman