Summary: We will not investigate this complaint about the conduct of a councillor because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Miss Y complains about the conduct of a councillor, during a public committee meeting. She says the Council failed to properly consider her complaint, and evidence she provided.

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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)

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How I considered this complaint

4. I considered information provided by Miss Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss Y complained to the Council about the conduct of a councillor during a public committee meeting. She raised concerns about comments they made and described their behaviour as unprofessional.
7. The Council investigated this complaint. It considered information provided by Miss Y and the Councillor. It also considered its Code of Conduct. The Council concluded that no further action would be taken. It explained that there was insufficient evidence that the councillor’s conduct would reach the threshold of a breach of Code and it would therefore not be in the public interest to take further action.
8. I understand Miss Y is unhappy with the Council’s decision. However, there is insufficient evidence of fault in the Council’s actions to justify our involvement. The Council properly considered Miss Y’s complaint in line with its policy and reached a decision after investigating this.
9. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. We are also unable to investigate or comment on the actions of the town council or the councillor complained about. Instead, we look at the processes the Council followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether somebody disagrees with the decision the organisation made.

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Final decision

10. We will not investigate Miss Y’s complaint because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman