Summary: We will not investigate Ms X’s complaint that the Council refused to investigate complaints she made against several councillors. There is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council has not dealt with several standards complaints against councillors.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Many of the matters relating to this complaint have already been dealt with previously by the Ombudsman who declined to investigate. I will not consider them again.
6. At the heart of this complaint is the fact Ms X wants the Council to appoint an officer from another council to investigate the matters she complains about and the Council will not do so. As a result, the matter has stalled.
7. We will not investigate. It is for the Council, not us, to decide what arrangements to make for dealing with complaints against councillors. Ms X is entitled to not pursue her complaints if she is unhappy with the arrangements proposed by the Council but the Council cannot be held responsible for her decision.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman