Summary: We will not investigate this complaint about the handling of a code of conduct complaint against a councillor. There is not enough evidence of fault

The complaint

1. Mr X complained the Council did not properly consider his complaint about the behaviour of councillors. He said this has caused him distress and he feels it has silenced his voice as a constituent. He would like the Council to apologise, investigate his complaint and review its procedures.

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council did not properly consider his complaint about the behaviour of councillors.
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.
10. Mr X also complained the Council refused to review its procedures for dealing with code of conduct complaints. In its complaint response, the Council told Mr X there had been a recent government consultation on the standards regime and therefore it would not be in the public interest to review the procedure.
11. We will not investigate this part of the complaint because there is not enough evidence of fault to justify investigating. The Council told Mr X why it would not currently review the procedure due to expected changes from central government.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman