Brighton & Hove City Council (25 029 080)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 24 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate how the Council dealt with Mr X’s complaint about the conduct of a councillor as it is unlikely we will find fault by the Council.
The complaint
- Mr X complains the Council failed to properly investigate his complaint about councillor conduct. Mr X had complained that a councillor made an untrue statement publicly and that this caused him distress.
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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code and the Council’s procedure for assessing councillor conduct complaints.
My assessment
- We will not investigate as I am satisfied the Council dealt with this matter in line with its policy for dealing with complaints about councillor conduct. The Council, in conjunction with its Independent Person (IP), considered Mr X’s concerns and the evidence available and explained why it did not consider the complaint should be investigated. In its view, the councillor’s conduct did not amount to a breach of the code of conduct for councillors. The complaint was therefore not progressed, as per the Council’s policy.
- I recognise Mr X disagrees with the Council’s decision, but it was entitled to make it. We could only question that decision if there was fault in the way it was made. I consider it is unlikely we will find such fault.
Final decision
- We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman