Summary: X complained a Council officer was involved in a planning decision, despite a conflict of interest. The monitoring officer agreed to investigate this matter, so we ended our investigation to allow them to complete their investigation. X may come back to us if they remain unhappy after the monitoring officer’s investigation is completed.

The complaint

1. The person that complained to us will be referred to as X.
2. X complained a Council officer was involved in a planning application decision when they were employed by the planning agent and engaged to marry the agent’s business partner.
3. X believes the officer’s involvement may have affected the outcome of the planning process, or at least would be perceived to be a conflict of interest by any reasonable person.

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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 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 another individual or body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I read the complaint and discussed it with X. I read the Council’s response to the complaint and considered the Council’s constitution and government guidance on conflicts of interest.
6. I gave the Council and X an opportunity to comment on a draft of this decision.

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What I found

7. The Council’s constitution requires employees to give notice in writing of any financial or non-financial interests which are clear and substantial, and which could bring about a conflict with the Council’s interests.
8. The government has issued guidance on conflicts of interests. When deciding whether a conflict exists, authorities should ask themselves:
• Is it likely that a relationship would lead an officer to act in a way that is contrary to the interests of the authority, and does it impair ability of the individual officer to act objectively and without bias?
• Does the officer have a personal interest in the outcome of the decision? Will they benefit from it?
• Would an informed and reasonable observer conclude there to be a conflict in the circumstances?
• Has the authority acted to avoid the possibility that any potential conflict would have an adverse effect?
9. Councils are required to employ a monitoring officer, who may issue reports if they believe the council, or its officers or members, have:
• acted illegally or with maladministration; or
• in breach of any law or relevant code of practice.
10. The monitoring officer is often, but not always, the council’s head of legal services.
11. X did complain to the Council through its corporate complaint’s procedure, but they did not make a complaint to the Council’s monitoring officer. The monitoring officer has told me they are willing to investigate X’s allegation and decide whether the officer acted with maladministration.

My findings

12. Before we continue our investigations, we need to decide whether another body or individual would be better placed to consider what has happened.
13. The Council’s monitoring officer is willing to investigate X’s allegation and, if they find evidence of maladministration, will report their findings to the Council and the outcome of the investigation to X.
14. We should end our investigation and allow the monitoring officer to complete theirs. If X remains unhappy with the outcome of the monitoring officer’s investigation, they can come back to us, and we can review the process by which the monitoring officer reached their conclusions.

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Final decision

15. I ended my investigation to allow the monitoring officer to investigate X’s allegations relating to a council officer.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman