The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council is supressing the complainant’s code of conduct complaints against other councillors. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no powers to investigate complaints from councillors about matters relating to their role as a councillor.
The complaint
The complainant, whom I refer to as Mr X, says the Council has failed to respond to the code of conduct complaints he has made against councillors. He says he has been victimised, bullied and harassed for making the complaints, and has spent a significant amount of time and money on pursuing these matters.
The Ombudsman’s role and powers
We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
I considered information provided by Mr X, and our Assessment Code.
My assessment
The restriction detailed in paragraph 2 above applies to Mr X’s complaint. This is because he is complaining in his capacity as a councillor about matters related to that position.
Final decision
We cannot investigate Mr X’s complaint because we have no jurisdiction to investigate complaints from councillors about matters relating to that role.
Investigator's decision on behalf of the Ombudsman