Summary: We cannot investigate this complaint about the Council dealt with a complaint about the complainants conduct as a councillor. This is because the complainant does not complain as a member of the public.

The complaint

1. The complainant, who I will call Cllr X, complains about how the Council dealt with a complaint made about his conduct as a councillor.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can only accept complaint 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 considered information provided by the complainant his representative and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Cllr X’s complaint about how the Council dealt with a complaint made about his conduct as a councillor. This is because we can only accept complaints from members of the public. Cllr X’s complaint arises from and concerns his role as a councillor. Cllr X therefore complains as part of a public body and as such we have no legal remit to investigate his complaint.

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Final decision

7. We will not investigate Cllr X’s complaint because he does not complain as a member of the public.

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Investigator's decision on behalf of the Ombudsman