Summary: We cannot investigate this complaint about the actions of a Council officer. This is because the complainant is a Councillor acting in her capacity as such. We are legally prevented from investigating this complaint.

The complaint

1. The complainant is a Councillor. They said a Council officer provided confusing and contradictory advice to a committee of Councillors on which they serve.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can only accept complaints from members of the public who claim to have suffered injustice, or from their authorised representative. This means we cannot accept complaints from councillors complaining on behalf of their council because they are not doing so as a member of the public. (Local Government Act 1974, section 26A, as amended)

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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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Final decision

6. We cannot investigate this complaint because we are legally prevented from investigating complaints by Councillors acting in their official capacity.

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Investigator's decision on behalf of the Ombudsman