Summary: We will not investigate this complaint about how the Council considered Mr X’s concerns about councillor conduct. There is not enough evidence of fault in how the Council made its decision to justify our involvement.

The complaint

1. Mr X complained the Council did not properly consider his complaint regarding the behaviour of a councillor. He said this had caused him alarm and distress. He wanted an apology from the councillor and the Council.

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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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. 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 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.
7. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillors complained about. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
8. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mr X’s concerns and the evidence available and explained why they did not consider the complaint should be investigated.
9. I understand Mr X disagrees with the Monitoring Officer’s decision. But the Monitoring Officer was entitled to use their professional judgement to decide a formal investigation was not necessary. As the Monitoring Officer properly considered Mr X’s concerns, in line with the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in how the Council made its decision to justify our involvement.

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Investigator's decision on behalf of the Ombudsman