LGO (Local Government & Social Care Ombudsman) Other

Royal Borough of Kensington & Chelsea

23-020-412 · Other Categories › Councillor Conduct And Standards · Decision date: 06 May 2024

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about standards committees because any injustice is not significant enough to justify our involvement and there is another body better placed to consider this complaint.

The complaint

Mr Y complained the Council’s monitoring officer failed to act when a local councillor put an incorrect address, to show they lived in the borough when they do not, on electoral forms.

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 any injustice is not significant enough to justify our involvement or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

How I considered this complaint

I considered information Mr Y provided and the Ombudsman’s Assessment Code.

My assessment

Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.

In this case, Mr Y has not suffered a serious loss or harm as a result of the alleged fault. Consequently, an investigation is not warranted.

Electoral fraud is a criminal offence and is therefore better dealt with by the police. The Council has referred the issue to the police. It is for the police to investigate crimes and so it is better placed to consider this complaint. We will not investigate.

Final decision

We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement and there is another body better placed to consider this complaint.

Investigator's decision on behalf of the Ombudsman