Summary: We will not investigate this complaint about how the Council dealt with a complaint about a Councillor’s conduct as there is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council did not deal with his complaint about a Councillor’s conduct appropriately as it did not include all member’s and evidence, did not explain the role of the independent person and misrepresented the scope and content of the complaint.
2. Mr X is seeking an independent review.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code and the Council’s Code of Conduct Complaints Policy.

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My assessment

7. Mr X complained about the way the Council dealt with his complaint about a Councillor’s conduct.
8. Local authorities must have a Monitoring Officer to ensure decisions are lawful, and in line with its code of conduct. It is for the Council to decide how it will deal with code of conduct complaints.
9. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions or investigate Councillor’s conduct. Where a decision has been made in line with the correct procedure, the Ombudsman will not generally criticise the decision even though the complainant disagrees with it.
10. In this case, the Monitoring Officer considered the complaint along with an Independent Person and explained their reason for reaching the decision not to take further action.
11. There is no requirement for the Council to have defined the role of the Independent Person in the decision. However, the definition can be found in the Council’s Code of Conduct Complaint Policy.
12. The Council considered the narrow issue of the conduct of the specific Councillor, and Mr X’s other complaints were responded to under its complaints process.
13. The Monitoring Officer has made a decision they are entitled to make, and I have not seen any evidence that there is any fault in the process followed.

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Final decision

14. We will not investigate Mr 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