The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that two councillors did not breach the code of conduct. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault in the way the Council reached its decision.
The complaint
The complainants, who I shall call Mr & Mrs X, complain the Council failed to investigate their complaint that two councillors breached the code of conduct because they failed to respond to their requests for contact about their neighbour’s planning application.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr & Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman does not offer a right of appeal against a council’s decision on member conduct complaints, but we can consider if there was fault in the way the council considered the complaint. We will only investigate complaints if there is enough injustice to warrant our involvement or we consider it in the public interest to do so.
I have reviewed the Council’s arrangements for dealing with complaints about councillors. I have seen no fault in the way the Council considered Mr & Mrs X’s complaint.
Final decision
We will not investigate Mr & Mrs X’s complaint because we have seen no evidence of fault in the process the Council followed before deciding the councillors had not breached the code of conduct.
Investigator's decision on behalf of the Ombudsman