Summary: Mr X complains about the use of public funds for an advert in the media by the Council about local government reform. Mr X complains the advert was biased and could influence the consultation process which could result in the loss of his role as an elected representative. We cannot investigate as this affects all or most of the people in the Council area. The personal injustice specific to Mr X relates to his position as a member of the Council and so we cannot investigate.

The complaint

1. Mr X complains about the use of public funds for an advert in the media by the Council about local government reform. Mr X complains the advert was biased and could influence the consultation process which could result in the loss of his role as an elected representative.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
3. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

4. I have considered what Mr X said in his complaint.

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What I found

5. Mr X complains about the use of public funds for an advert in the media by the Council about local government reform. Mr X complains the advert was biased and could influence the consultation process which could result in the loss of his role as an elected representative.

Analysis

6. Complaints about Council spending impact upon all or most of the residents in the Council’s area. The law prevents us from investigating such complaints.
7. Mr X may be affected more than other resident as he says the outcome of the consultation exercise may result in his role as an elected representative being lost. This however does not give us grounds to investigate. This is because the law says we cannot investigate complaints from Council members relating to their position as part of the Council. We can only accept complaints from members of the public and in respect of the threat to his position as a councillor, Mr X does not complain as a member of the public.

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Final decision

8. We cannot investigate Mr X’s complaint as it affects all or most of the people in the Council’s area. In addition, Mr X’s specific injustice relates to his position as a Council member. We cannot therefore accept his complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman