The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a member conduct complaint as it is reasonable to expect Mr X to ask the Council to review its decision.
The complaint
Mr X complains the Council’s handling of a complaint about his conduct as a council member was procedurally flawed. Mr X says this has caused him reputational damage, and a financial cost in the form of legal fees.
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 it would be reasonable for the person to ask for a council review or appeal (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
The Council’s procedure for dealing with member conduct complaints allows a member, who has been found to have breached the Council’s code of conduct, to seek a review of that decision.
Mr X made a complaint to the Council and to us, but did not specifically ask for a review of the Council’s decision. I consider the next appropriate step is for the Council to carry out that review and as such, we will not investigate. If Mr X remains dissatisfied once the review is completed, it is open to him to bring his complaint to us again. The Council has confirmed that the matters Mr X complained about can be considered in the scope of a review.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect the Council to carry out a review of its decision at this stage.
Investigator's decision on behalf of the Ombudsman