The complaint
The complainant, whom I shall refer to as Ms X, complained about the conduct of Parish Councillors involved in the allocation and management of allotments.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Background
Ms X is an allotment holder. The allotments are the responsibility of a Parish Council.
Ms X complained about the conduct of several Parish Councillors. Her complaint included councillors providing misleading information about the allocation and size of allotments. Ms X questioned the process used to allocate allotments – including her own and those allocated to others. Ms X’s complaint included allegations councillors had been involved in the vandalism of her plot and abusive behaviour. Ms X was unhappy she had been sent a warning letter supported by councillors.
Complaints about councillors Each council has different rules for dealing with complaints about alleged breaches of the Elected Member Code of Conduct. But the Monitoring Officer will normally consider the complaint to decide if the jurisdictional tests and local assessment criteria are met, and if further action is needed. If the Monitoring Officer decides not to take further action, they will contact the complainant and give reasons for their decision.
The District Council considers complaints about Parish Councillors on behalf of the Parish Council.
Where a decision has been made in line with the correct procedure, taking account the relevant evidence, we will generally not criticise the decision, even if the complainant does not agree with it.
Assessment In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for Code of Conduct complaints before deciding not to take further action.
In their final response to Ms X the Monitoring Officer said there was no breach of the Member Code of Conduct. The Monitoring Officer consulted with the Council’s Independent Person as required by its published process. The Monitoring Officer dealt with each part of Ms X’s complaint and explained their decision.
I understand Ms X is unhappy with the Monitoring Officer’s response. But they considered Ms X’s complaint in line with the Council’s policy and explained their decision. There is not enough evidence of fault by the Council to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman