The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a Parish Councillor. This is because the matter relates to an alleged criminal offence and it is therefore a matter for the police. We also cannot achieve the outcome the complainant wants.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with his complaint about the conduct of a Parish Councillor. He says the Councillor has harassed him and committed fraud. Mr X wants the Council’s Monitoring Officer and the Parish Councillor to be dismissed.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate how the Council dealt with Mr X’s concerns about the conduct of the Parish Councillor. This is because the allegations Mr X makes are potentially criminal offences which he has reported to the police. It is therefore a matter best dealt with for the police and not a matter for the Ombudsman.
Furthermore, Mr X wants the Councillor and Monitoring Officer to be dismissed. This is not something we can achieve.
Final decision
We will not investigate Mr X’s complaint because it is a matter for the police and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman