The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council handled allegations the complainant had breached the Member Code of Conduct. This is because we have no powers to investigate complaints from councillors about matters relating to their role as a councillor.
The complaint
The complainant, whom I shall refer to as Mr X, is an elected councillor. Mr X complained about the way the Council handled allegations he had breached the Member Code of Conduct. Mr X complained the Council failed to follow its own process.
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 investigate 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 the complainant and the Ombudsman’s Assessment Code.
My assessment
The restriction detailed in paragraph 3 applies to Mr X’s complaint. The whole of Mr X’s complaint relates to his position as a councillor. Mr X’s complaint is outside our jurisdiction with no discretion to investigate.
Final decision
We cannot investigate Mr X’s complaint because we have no powers to investigate complaints from councillors about matters relating to their role as a councillor.
Investigator's decision on behalf of the Ombudsman