Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint as it is unlikely we will find fault by it. The Information Commissioner’s Office is best placed to deal with Mr X’s complaint about data protection issues.

The complaint

1. Mr X complains about the Council’s handling of his code of conduct complaint about a councillor. Mr X says that in assessing the complaint, the Council treated counter allegations made against him as facts and did not let him respond, took account of information which Mr X says never existed and that the decision notice used biased language about him. Mr X complains that the complaint decision notice, that is available for public inspection, contains prejudicial statements about him, causing reputational harm. Mr X says he has been caused distress and frustration.

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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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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 procedure for dealing with councillor conduct complaints.

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My assessment

7. Mr X complained to the Council after he says a councillor did not respond to him after he contacted them several times about a local matter.
8. The Council assessed the complaint and decided no further action was required as it did not consider that Mr X’s complaint evidenced a breach of the code of conduct for councillors. The Council concluded that the councillor engaged appropriately with Mr X, in respect of the specific complaint about an alleged failure to respond, and set out how it had reached this view, in its decision notice.
9. While I recognise Mr X is unhappy about the Council’s decision, we will not investigate. The Council assessed the matter, in line with its policy, and made a decision it was entitled to. We could only criticise that decision if there was evidence of fault in the way it was reached. In terms of the specific conduct matter, I do not consider Mr X’s complaint evidences such fault.
10. The Council’s complaint decision includes an account by the councillor which does detail personal information about Mr X. Again, while I recognise Mr X is unhappy about this, we will not investigate. This is because I consider this matter is best addressed by the Information Commissioner’s Office (ICO). It is the UK’s independent regulator in respect of data protection matters and can determine if the Council has properly handled Mr X’s personal data and whether its decision to allow public inspection of the decision notice is compliant with data protection law.
11. I have considered whether the Council’s consideration of the extra detail provided in the complaint impacts on my decision in paragraph nine. I do not consider that it does.
12. I understand Mr X would have wished to have been given the opportunity to comment on the councillor’s response to the complaint, before the Council made its decision, but its policy does not specifically require this. We will not investigate this aspect of the complaint therefore as I consider it is unlikely we will find fault by the Council in this regard. It is for the Council to determine what information it considered was necessary for it to make a decision on the complaint.
13. For these reasons, we will not investigate.

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Final decision

14. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and the data protection matters Mr X raises are best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman