The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a Code of Conduct complaint made against a local councillor. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s handling of his Code of Conduct complaint made against a local councillor.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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 Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered Mr X’s Code of Conduct complaint made against a local councillor. Having done so it decided comments made by the councillor did not amount to a breach of the Code and that it was not appropriate to consider the complaint further.
While Mr X may be disappointed with the decision, we do not offer a point of appeal against a council’s decision on member conduct complaints. We can consider if there was fault in the way the council considered the complaint but will only do so if there is sufficient injustice to warrant our involvement or we consider it in the public interest to do so. There is no evidence to suggest fault affected the Council’s decision here and there are insufficient grounds to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman