Summary: We will not investigate this complaint about the Council's handling of a complaint about the chair of a community council as there is insufficient evidence of fault by the Council, or of significant injustice having been caused to the complainant.

The complaint

1. Mr X complains about the Council’s decision on his complaint about the conduct of a ward councillor who, Mr X says, has failed to ensure the proper running of his local community council. Mr X says this has caused him stress and has negatively impacted his local ward area.

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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, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council rejected Mr X’s conduct complaint as it advised that the councillor in acting as chair of a community council was not acting in their capacity as a ward councillor. Any conduct matter in this regard therefore does not fall to be assessed under the Council’s code of conduct procedure for its Council members.
7. The Council referred Mr X to the community council’s code of conduct, and advised Mr X how he could seek to have his complaint addressed.
8. I appreciate that Mr X is unhappy with the Council’s decision on his complaint, but this does not equate to there being fault by the Council. Mr X has not provided evidence of fault by the Council, and it is unlikely we would find such fault if we investigated. The Council considered Mr X’s complaint in line with its procedure and came to a decision it was entitled to.
9. Additionally, while I recognise the concerns Mr X has in respect of the functioning of the community council, he is not caused a level of actual personal loss or harm from his complaint that would justify our further involvement.
10. For these reasons, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and Mr X is not caused a level of personal injustice that would justify our further involvement.

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Investigator's decision on behalf of the Ombudsman