The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with complaints made about a councillors conduct.This is because the complaint is made late and there is no good reason why it could not have been made sooner.
The complaint
Mr X is a councillor. He complains about how the Council has dealt with complaints made about his conduct. He says the Council has failed to protect him and has allowed others to vilify him.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because the complaint is made late. The Council concluded its consideration of the complaints made about Mr X’s conduct in the first half of 2022. Mr X did not complain until late 2023. Mr X waited more than 12 months before raising his complaint and I see no good reason why he could not have done so sooner. There is no good reason to exercise discretion and consider this complaint now.
Final decision
We will not investigate Mr X’s complaint because it is made late and there are no good reasons why it could not have been made sooner.
Investigator's decision on behalf of the Ombudsman