Summary: We will not investigate this complaint about how the Council carried out an investigation into an allegation against a Councillor. We are satisfied with the actions the Council has taken in response to the complaint, and in any case, there is no worthwhile outcome we can achieve by investigating.

The complaint

1. The complainant was dissatisfied with the way the Council carried out a Councillor standards investigation about an alleged breach of the Member’s Code of Conduct. They said the investigation was unfair and did not follow the Council’s process.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. Because of the sensitive nature of the matters I have considered, in the information provided, I have not included any detail beyond that which is necessary to understand my decision.
6. The complainant expressed dissatisfaction at the way the Council carried out an investigation. They said the Council had not followed process and raised several other concerns about the investigation.
7. The Council replied to this complaint and accepted it had not properly followed its process. It said it had taken steps to avoid this happening again. It also gave the complainant an explanation for the other matters they raised.
8. We will not investigate this complaint because the Council has taken adequate steps to address the complaint, and I am satisfied with these actions. In any case, we cannot achieve the outcome the complainant has asked for and there is otherwise no worthwhile outcome achievable by us investigating.

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Final decision

9. We will not investigate this complaint because we are satisfied with the actions the Council has taken and there is no worthwhile outcome achievable by us investigating.

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Investigator's decision on behalf of the Ombudsman