The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that a parish councillor had not breached the Member’s Code of Conduct.
Th is complaint is late , and we have seen no good reason to investigate it now.
The complaint
Ms A & Mr B complain about the Council’s decision that a parish councillor did not breach the Code of Conduct.
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 provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Ms A, Mr B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2020, Ms A & Mr B complained to the Council that a parish councillor had breached the code of conduct.
The Council advised the complaint concerned a private matter between the councillor and the couple. It confirmed the Code of Conduct is engaged only when a councillor is acting as a member of the authority. A complaint will not be considered if it concerns a Councillor’s private life or about conduct when they are not acting as a member of the authority.
The law says a complaint must be made to the Ombudsman within 12 months of the complainant become aware of the problem. The Council responded to Ms A & Mr B’s complaint in May 2020. This complaint is therefore late.
Final decision
We will not investigate Ms A & Mr B’s complaint because it is late, and I have seen no good reason to investigate now.
Investigator's decision on behalf of the Ombudsman