The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a complaint about a councillor because further investigation would not lead to a different outcome.
The complaint
Mr X complains about how the Council has dealt with a complaint about his conduct as a councillor. Mr X says his complaint was not assessed fairly which resulted in inaccurate decision notice being issued.
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 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 continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council assessed a complaint about Mr X’s conduct as a councillor. The Council decided to refer the matter for investigation so issued a decision notice. Mr X disputed some of the information contained within the decision notice. Mr X feels the investigation is taking too long.
The complaint against Mr X is part of several complaints that are being considered together and therefore the matter is complex and involves the Council corresponding with a number of different interested parties. The Council has kept in touch with Mr X throughout the process, has provided him with a draft investigation report and is currently considering comments made on that draft.
I will not investigate Mr X’s complaint because doing so would not lead to a different outcome. Mr X’s has concerns about information contained in the decision notice, bus it is the investigation that will determine what happens next. The investigation is ongoing, and the council has fully explained why it has taken so long to conclude. The Council has said it will now consider comments made by Mr X and others and conclude its investigation without delay. Mr X may raise a new complaint if he is dissatisfied with the outcome.
Final decision
We will not investigate Mr X’s complaint because doing so would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman