Summary: We cannot investigate this complaint about the Council paying a special allowance to the Labour Group to fulfil the role of ‘official opposition’. This is because the complainant is complaining as a councillor and not as a member of the public.

The complaint

1. The complainant, whom I refer to as Mr X, is a councillor and complains:
• The Council is paying Special Allowances to the Labour Group to fulfil the role of ‘Official Opposition’ when:
1. The Labour Group is in a de facto Coalition with the Green Group.
2. The terms of this de-facto Coalition agreement clearly dictate that ‘Official Opposition’ functions are not to be carried out in the following policy areas:
1. housing and homelessness;
2. climate change;
3. austerity; and
4. city of sanctuary and work on diversity, inclusion, and equalities.
• Details of this de facto Coalition agreement have been deliberately kept secret from the Conservative Group, Independent Councillors and members of the public, including at two meetings of Annual Council where votes were held on who the Official Opposition should be.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mr X and our Assessment Code.

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Final decision

4. We will not investigate Mr X’s complaint because he is complaining in his capacity as a councillor, and not as a member of the public, so the matter is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman