The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered two complaints about breaches of the code of conduct. This is because there is insufficient evidence of fault with how the Council reached its decisions.
The complaint
The complainant, who I will call Dr X, made two complaints to the Council that members had breached the Council’s code of conduct.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Dr X submitted two complaints that the Council’s member code of conduct had been breached.
In accordance with its procedures, the Council’s Monitoring Officer and an Independent Person considered Dr X’s complaints. Having done so, they decided no further action was warranted for each complaint, on the basis that there was insufficient evidence that a breach had been committed. Furthermore, they noted that the events complained ago occurred more than two years ago and that Dr X could have complained sooner.
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 Dr X is dissatisfied with the Council’s decision on his complaints, I have seen no evidence to suggest fault affected it. For this reason, I will not investigate it further.
Final decision
We will not investigate Dr X’s complaints because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman