Kent County Council (25 021 064)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 12 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in dealing with a complaint that a councillor breached the code of conduct. The Council has apologised for the delay in advising Mrs X the complaint was closed. We consider further investigation will not lead to a different outcome.
The complaint
- Mrs X complains the Council delayed in dealing with her complaint that a councillor breached the code of conduct.
The Ombudsman’s role and powers
- 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 no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
- In July 2024 Mrs X contacted the Council to complain about a councillor breaching the Council’s code of conduct.
- Over the next few months the Council’s Monitoring Officer had several contacts with Mrs X. However, he did not write to inform her that her complaint did not meet the local assessment criteria until December 2025.
- The Council confirms the councillor concerned cease to be an elected member in May 2025. Also a new Monitoring Officer came into post in November 2025.
Final decision
- We will not investigate Mrs X’s complaint. As the councillor she complained of is no longer a councillor a new Monitoring Officer is now in post, we consider further investigation will not lead to a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman