The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on a Members Code of Conduct complaint. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s decision on a complaint she had made against a local councillor.
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) We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the behaviour of a local councillor.
In accordance with normal procedures, the Council’s Chief Legal Officer and the Independent Person considered the complaint. Having done so they decided no further action was warranted on the basis that Ms X’s claim was inadmissible as there was no evidence the councillor had been acting, or purporting to act, in the role of a member of the Council.
We do not provide a right of appeal against a council’s decision on member conduct complaints. We can consider whether there was fault in the way the council considered the complaint and came to its decision.
While I understand Ms X has been upset by the behaviour of the councillor and is dissatisfied with the Council’s decision on her complaint, I have seen no evidence to suggest fault affected it.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman