Summary: We will not investigate this complaint that every member of the Council breached the code of conduct. The is because there is insufficient evidence of fault in how the Council considered the complaint and the issues raised are ones that affect all or most of the people in the area.

The complaint

1. The complainant, who I will call Mr X, complains that every member of the Council breached the code of conduct by failing to adhere to the Nolan principles of public life. This is after a story in the media concerning several decisions the Council made included cuts to services, the sale of assets and changes to Council policy.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council’s code of conduct says that no further action should be taken when complaints are received about the Council as a whole rather than a specific member. In Mr X’s case his complaint was about every member of the Council. Therefore the Council wrote to Mr X saying it would not consider his complaint further.
7. I will not investigate how the Council dealt with Mr X’s complaint because there is insufficient evidence of fault. It clarified with Mr X what his complaint was about then properly considered the relevant sections of its code of conduct before informing him of its decision not to investigate the matter.
8. Even if there had been fault in how the Council considered Mr X’s complaint, we could not consider it. This is because the issues raised in the media report which prompted Mr X’s complaint are ones that affect all or most of the people in the Council’s area. This places the matter outside of the Ombudsman’s jurisdiction.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and the issues raised affect all or most of the people in the Council’s area.

Back to top

Investigator's decision on behalf of the Ombudsman