Summary: We will not investigate this complaint about the Councils refusal to accept X’s complaint about the conduct of a councillor. X raised the complaint anonymously and there is no worthwhile outcome achievable because it is unlikely we could carry out an effective investigation.

The complaint

1. X complained the Council refused to accept their complaint about the conduct of a councillor.
2. X raised this complaint anonymously and provided reasons why they decided not to provide their identify.
3. X said the Council’s refusal to consider the complaint has impacted on the public confidence in it.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. X complained the Council refused to accept their complaint about the conduct of a councillor. However, X also gave reasons why they had raised the complaint anonymously.
8. The Local Government Act 1974 says a complaint about a matter can be made by a member of the public who claims to have sustained injustice, or by an authorised representative.
9. We are not a whistleblowing authority, people do not have a reasonable expectation they can use our service anonymously, because our role is to investigate allegations of fault causing a person injustice. Where that occurs, we then try put the person back in the position they would have been, by remedying that injustice. We are unlikely to be able to carry out an effective investigation on an anonymous complaint and so there is no worthwhile outcome achievable.
10. Additionally, given we cannot confirm who X is, we cannot satisfy ourselves the tests in our assessment code are met.
11. For these reasons, we will not exercise discretion to consider this complaint.

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Final decision

12. We will not investigate X’s complaint because they raised the complaint anonymously and therefore it is unlikely we could carry out an effective investigation and so there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman