Summary: We will not investigate this complaint about the Council’s decision on a councillor conduct complaint as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains about the Council’s assessment of his complaint about a councillor’s comments online which Mr X found distressing. Mr X feels the Council wrongly, narrowly interpreted the criteria within its complaint procedure.

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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))
3. 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

4. I considered information provided by the complainant. I have considered the Council’s procedure for dealing with councillor conduct complaints.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council assessed Mr X’s complaint but did not progress it as in its view, the councillor was not acting in their official capacity when making the comments and as such, the complaint did not fulfil the criteria in its complaint policy for investigation. The Council’s complaint procedure explains complaints about a councillor who is not in office at the time of the complaint cannot be considered.
7. I recognise Mr X remains dissatisfied and has strong feelings about the comments, but the Council is entitled to reach the decision it did, and it is in line with its complaint policy. We could only be critical of the decision if there was evidence of fault in the way it was made; Mr X’s complaint does not provide such evidence.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely that we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman