Summary: We will not investigate this complaint about the Council not supporting Mrs X to participate in her local committee. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mrs X complains the Council failed to support her right to participate in decisions and governance of her local committee, managed and ran by a third party.
2. She says the Council did not address the exclusion, lack of transparency or procedural fairness in the administration of the committee.

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The Ombudsman’s role and powers

3. It is our decision whether to start an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We cannot investigate complaints about actions which are not the administrative function of a council (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X complains about the matter set out in paragraphs 1 and 2 above.
9. The Council has no duty or role in the committee, and no duty of responsibility to support Mrs X to access it.

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Final decision

10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s refusal to support her.

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Investigator's decision on behalf of the Ombudsman