Summary: We will not investigate how the Council handled Mr X’s complaint about member conduct as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complained to the Council about his treatment before and during a parish council meeting. Mr X is unhappy the Council decided not to investigate. Mr X wants the parish council meeting to be held again.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code and the Council’s procedure for dealing with member conduct complaints.

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My assessment

6. The Council considered Mr X’s complaint but decided not to carry out a formal investigation as it said it was mostly around procedural matters relating to the parish council meeting. It also said that individual member conduct complained about did not reach the threshold of a code of conduct breach.
7. I recognise Mr X is unhappy with the Council’s response but the Council considered the complaint in line with its procedure and made a decision it was entitled to. In the absence of fault in that consideration, we cannot question the merits of the Council’s decision. Mr X’s complaint does not evidence such fault. We will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman