The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council handled allegations that the complainant had breached the Members Code of Conduct. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
W e have no power to investigate complaints from councillors about matters relating to their role as a councillor , and we cann ot achieve one of the o utcomes the complainant is seeking.
The complaint
The complainant, a councillor whom I refer to as Councillor X, raises concerns about the way the Council handled complaints that he had breached the Members of Code of Conduct. In particular, Councillor X complains the Council: Refused to provide information to assist with his role as a Member, lied to an officer to stop him obtaining evidence, and withheld and tampered with evidence presented at the Standards Hearing; Did not address the fraudulent use of a Police complaint form used as evidence at the Standards Hearing; Allowed a senior officer to act inappropriately at the Standards Hearing, and the officer has stopped him having contact with democratic services; Failed to follow the correct process when he attempted to make a complaint against another councillor, as three senior officers attended the meeting instead of just the Monitoring Officer; and, Did not act impartially regarding the democratic process, and has not provided him with well-being support.
Councillor X wants the Council to pay damages for the deterioration in his mental health because of its actions, and believes the Chief Executive and a senior officer should vacate their posts.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) And we can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
I considered information provided by Councillor X and the Council, including the Council’s 6 July and 3 September 2021 letters to Councillor X.
I also considered our Assessment Code.
My assessment
The restriction detailed in paragraph 4 above applies to Councillor X’s complaint. The issues he raises relate to his position as a councillor, so the complaint is outside our jurisdiction.
In addition, we cannot recommend the dismissal of Council officers, so we cannot achieve one of the outcomes Councillor X is seeking.
Final decision
We will not investigate Councillor X’s complaint because he is complaining in his capacity as a councillor, and we cannot achieve one of the outcomes he wants.
Investigator's decision on behalf of the Ombudsman