Summary: We will not investigate this complaint about the Council’s handling of a code of conduct complaint against a councillor. The law says we cannot investigate complaints against Town Councils and there is not enough evidence of fault in the Council’s decision making to justify investigating.

The complaint

1. Mrs X complained the Council did not impartially investigate her complaint against a councillor. She also complained a Town Council breached her personal data. She said this had had a negative impact on her physical health. She wanted the Council to apologise, re-open her complaint and rectify her data.

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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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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My assessment

6. Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the authority, 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 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 councillors 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.
8. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints. The Monitoring Officer considered Mrs X’s concerns and the evidence available and explained why they did not consider that there had been a breach of the code of conduct.
9. I understand Mrs X disagrees with the Monitoring Officer’s decision. But the Monitoring Officer was entitled to use their professional judgement to consider the complaint. As the Monitoring Officer properly considered Mrs X’s concerns, in line with the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.
10. Mrs X also complained a Town Council breached her personal data. The law says we cannot investigate the actions of a Town Council.

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Final decision

11. We will not investigate Mrs X’s complaint because the law says we cannot investigate complaints about Town Councils and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman