Summary: We will not investigate the Council’s handling of a councillor conduct complaint as it is unlikely we will find fault by it.

The complaint

1. Miss X complains the Council failed to properly investigate her complaint about the conduct of a councillor and misapplied the legal standard regarding the councillor’s status. Ms X says this has caused her chronic distress and anxiety.

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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 or there is another body best placed.(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council set out the reasons why it considered the councillor was not acting in their official capacity during the conduct Ms X complained about. As such, the complaint did not fall to be investigated under the Council’s councillor conduct complaint procedure.
6. We could only question the decision if there was evidence of fault in how it was made. I recognise Ms X disputes the Council’s decision, but her complaint does not provide evidence of such fault and we will therefore not investigate.
7. Only the courts could decide if the Council had misapplied the law in deciding whether the councillor was acting as a private citizen or not. We cannot make such determinations.

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Final decision

8. We will not investigate Ms 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