The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision on the complaint Mr X made against a local councillor. This is because there is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation.
The complaint
Mr X complains about the Council’s decision to take no further action in relation to a complaint he made against a local councillor. He says the Council is biased and marks its own homework.
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 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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement. (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
Mr X complained to the Council that during a full Council meeting and a vote, a named councillor should have declared a pecuniary interest but did not do so.
The Council’s Monitoring Officer (MO) considered the complaint and consulted with the Independent Person in accordance with normal procedures. Having done so the MO decided to take no further action.
This is a decision the MO was entitled to take, and its merits are not open to review by the Ombudsman. It is not our role to act as a point of appeal against decisions taken by councils with which complaints do not agree. While Mr X may be disappointed with the Council’s decision, there is no evidence to suggest fault affected it and, moreover, Mr X’s personal injustice is limited and insufficient to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation.
Investigator's decision on behalf of the Ombudsman