The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Councillor Code of Conduct complaint. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains about the Council’s handling of his Councillor Code of Conduct complaint.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X may well be disappointed with the Council’s decision that, of the complaints it could consider, there had been no breach of the Code. However, it is not our role to offer a right of appeal on member conduct complaints.
While we can consider if there was fault in the way a council considered a complaint, we cannot question the decision it makes if it has followed the right steps and considered the relevant evidence and information. There was some delay by the Council in responding to Mr X’s complaint for reasons explained in its response to him. However, there is no evidence to suggest fault affected its decision, made after consultation with the Independent Person.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman