The Ombudsman's final decision
Summary: We cannot investigate this complaint that a councillor failed to declare business interests as this affects all or most of the people in the Council’s area and so is not within our remit.
The complaint
Mrs X complains a councillor failed to declare his involvement with a company and has actively, as a councillor, promoted the type of business the company is involved in. Mrs X says this has brought the Council into disrepute. Mrs X wants the Council to change how it administers its register of interests for councillors.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) 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 any injustice is not significant enough to justify our involvement there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint as the impact she says that arises from it, the Council being brought into disrepute, affects all or most of the people in the Council’s area. Mrs X is not caused a personal injustice from her complaint which is more or less than any other resident. As per paragraph two, such complaints are not within our remit.
In addition, failing to declare a disclosable pecuniary interest is a criminal offence and so the police may be best placed to respond to the concerns Mrs X raises.
Final decision
We will not investigate Mrs X’s complaint because the impact of it affects all or most of the people in the Council’s area and so is not within our remit.
Investigator's decision on behalf of the Ombudsman