The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of a complaint made against a councillor. This is because the complaint falls outside our jurisdiction as the complainant did not complain as a member of the public.
The complaint
Mr X complains about the Council’s handling of his complaint made against a local councillor.
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 can only accept complaints from members of the public who claim to have suffered injustice, or from their authorised representative. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Mr X’s complaint because the events complained about arose during the course of Mr X’s employment with the Council. As the complaint was not made by a member of the public, it falls outside our jurisdiction and we cannot investigate it.
Final decision
We will not investigate Mr X’s complaint because the complaint falls outside our jurisdiction as the complainant did not complain as a member of the public.
Investigator's decision on behalf of the Ombudsman