Dorset Council (25 027 585)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 27 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate the Council’s decision to not investigate Mr X’s complaint about another councillor. There is not enough evidence of fault to justify an investigation.
The complaint
- Mr X complains the Council refused to investigate his complaint about a councillor who he says assaulted him under its Code of Conduct procedures.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Police that a councillor assaulted him. He later decided to take no further action.
- Mr X made a complaint to the Council’s Monitoring Officer that the councillor had breached the Code of Conduct. The Monitoring Officer said its Code of Conduct did not apply to criminal behaviour which was for the Police to investigate. They said the fact Mr X decided not to proceed with criminal action did not affect this decision.
- We will not investigate this complaint because there is no evidence of fault in the actions of the Council. Its decision was in line with its Code of Conduct. In addition, matters of a criminal nature are for the Police to investigate, not the Council. The fact Mr X stopped his case with the Police was for him to decide but that did not confer a duty on the Council to investigate.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman