Summary: We will not investigate this complaint about the Council’s handling of a code of conduct complaint against a councillor. There is insufficient evidence of fault in the way the Council considered the matter.

The complaint

1. Miss X says the Council failed to consider relevant information before making a decision on her code of conduct (CoC) complaint against a councillor.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. I understand Miss X believes the Council’s Deputy Monitoring Officer should have fully considered all information she provided before reaching a decision on her CoC complaint.
6. But the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if a decision was wrong. Instead, we look at the process the Council followed to make its decision. If we consider it followed the process correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.
7. Here, the Deputy Monitoring Officer has considered the complaint in accordance with the Council’s procedures for deciding CoC complaints, while also having regard to the Local Government Association guidance. This guidance says enquiries at the initial assessment stage should be limited so as not to extend into a more formal investigation.
8. From the information I have seen, the Deputy Monitoring Officer considered the information provided by Miss X. They also sought information from the councillor Miss X complained about. Having considered the information, they decided that an investigation would not reveal a breach of the code of conduct.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because we there is not enough evidence of fault in the way the Council assessed her complaint that a councillor breached the code of conduct.

Back to top

Investigator's decision on behalf of the Ombudsman