Summary: We will not investigate Ms X’s complaint that a Council Board would not change the order of its agenda to enable Ms X to speak. We will also not investigate the Council’s decision not to investigate Ms X’s other complaints. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Ms X complains:
• a Council Board failed to change the order of its agenda to enable Ms X to speak; and
• the Council refused to accept her complaints that the Board’s decision-making and critical thinking were poor.
2. Ms X says that as a result, the Board was failing to represent her or act in her best interests.

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The Ombudsman’s role and powers

3. 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))

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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. Ms X asked a Council Board to change the order of its agenda. This was to because she wanted to speak at a different time to the one specified on the agenda. The Council refused. It said if Ms X could not attend she could submit her statement in writing. This was a decision the Council was entitled to make. There is no evidence of fault to justify an investigation.
7. Ms X complained the Board’s decision-making and critical thinking were poor. This was because she was unhappy with its views on certain matters. The Council said it did not consider complaints like this under its complaints procedures.
8. Councils and its boards and committees operate under a democratic process. This means issues are considered, debated and decided democratically. Ms X may disagree with the Board’s decisions but that does not mean they are wrong. Ms X may have a particular complaint that the actions of a specific councillor or officer breached the Code of Conduct. If so she may complain to the Monitoring Officer. There is no evidence of fault in the Council’s actions.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman