The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council’s Monitoring Officer dealt with a complaint about the conduct of town councillors. We are unlikely to find fault by the Council. Nor can we achieve the outcome the complainant is seeking.
The complaint
Ms X complains about the Council’s decision not to investigate her complaint that two town councillors breached the town council’s code of conduct.
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 do not start an investigation if we decide 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 the Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure the authority, its officers, and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillors complained about. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
In this case, we are satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints. The Monitoring Officer considered Ms X’s concerns. They explained why they did not consider the town councillors were acting in their capacity as councillors or representing the town council when they decided to block Ms X from a social media page they administer.
I understand Ms X disagrees with the Monitoring Officer’s decision. But the Monitoring Officer was entitled to use their professional judgement in this regard. As they properly considered her concerns, in line with the Council’s criteria for code of conduct complaints, it is unlikely I could find fault.
Also, we cannot achieve Mr X’s desired outcome from the complaint, which is to require the Monitoring Officer to acknowledge the town councillors were acting in their capacity as councillors.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to find fault in the way the Council decided not to investigate her complaint that town councillors breached the code of conduct. Nor can we achieve the outcome Ms X is seeking.
Investigator's decision on behalf of the Ombudsman