Summary: We will not investigate how the Council investigated Mr X’s complaint about a councillor. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council failed to properly investigate his complaint about a councillor.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Councils have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the council, 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 Monitoring Officer declined to investigate Mr X’s complaint about a councillor because they considered they had not been acting in their capacity as a councillor when the events complained about took place.
8. 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 councillor 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.
9. I am satisfied the Monitoring Officer dealt with Mr X’s complaint in line with its arrangements for code of conduct complaints before deciding the complaint should not be investigated further.
10. Therefore, we will not investigate Mr X’s complaints. There is not enough evidence of fault in how the Monitoring Officer carried out their investigation and reached their conclusions to justify our involvement.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman