The Ombudsman's final decision
Summary: We cannot investigate this complaint that a Council officer targeted Councillor X during a meeting. This is because Councillor X is not complaining as a member of the public and so the complaint falls outside our jurisdiction.
The complaint
The complainant, who I refer to Councillor X, says they were targeted by a Council officer during a meeting and that to resolve the complaint they should be given an apology and the webcast which recorded the meeting should be removed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Councillor X, including the Council’s response to their complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Councillor X’s complaint about what happened at a meeting attended in their role as a councillor falls outside our jurisdiction and cannot be investigated. In such a position Councillor X is not a member of the public.
Final decision
We cannot investigate Councillor X’s complaint because they are not complaining as a member of the public and so the complaint falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman