Summary: We will not investigate this complaint about the Council’s decision on a code of conduct complaint against councillors. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council refused to take appropriate action when he suffered verbal abuse from other councillors.
2. Mr X reports his mental health has been adversely affected. He wants the Council to take further actions.

Back to top

The Ombudsman’s role and powers

3. We can 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. So, we do not start 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))
4. We can 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)

Back to top

How I considered this complaint

5. I considered:
• information provided by Mr X and the Council, which includes their complaint details. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council’s Monitoring Officer wrote to Mr X. It said his complaint had been considered under the Localism Act framework and council procedures. It told Mr X that it had reached a decision that it was not in the public interest to formally investigate as it the complaint should be resolved via other action. The actions were to refer the matter back to the local parish council to remind councillors of their obligations under the code of conduct. It suggested the local council should consider if councillors should receive training.
7. The Council said its decision on Mr X’s complaint had been agreed with the Independent Person.
8. We will not investigate. This is because there is insufficient evidence of administrative fault in how the Council’s Monitoring Officer considered Mr X’s concerns.
9. The information I have seen shows the Monitoring Officer assessed the complaint in line with the Localism Act and the Council’s procedures. It considered whether the Code of Conduct applied and reached a reasoned decision that a formal investigation was not proportionate. The decision to take alternative action, agreed with the Independent Person, was within the Monitoring Officer’s discretion. We cannot question a properly made decision simply because the complainant disagrees with the outcome.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council determined the code of conduct complaint.

Back to top

Investigator's decision on behalf of the Ombudsman