Summary: We will not investigate Ms X’s complaint that the Council refused to allow her to ask questions at a Council committee meeting and then failed to properly explain why. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council refused to allow her to submit questions at various Council committee meetings without providing a proper explanation.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Following the submission of questions and statements to various committees, the Council wrote to Ms X and said it would not accept most of them. It explained this was because most were linked to an ongoing legal case or subject access request Ms X had with the Council or they did not fall under the remit of the committee.
7. Ms X complained about poor communication and asked for further explanations for the refusal. The Council apologised and said its communication with her had been poor. It said it had agreed one of Ms X’s questions could be asked at the committee meeting but she had withdrawn it because it would not allow the other one. It repeated the reasons why. It also provided the specific part of its Constitution which provided the basis for the refusal.
8. The Council considered Ms X’s questions and statements and decided it was not appropriate for them to be raised at committee. It provided the basis for its decision, including the relevant part of its Constitution. Ms X believes the Council has failed to properly explain its reasons why it would not accept her questions. However, the evidence does not support this view. There is not enough evidence of fault in the Council’s decision-making to justify an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman