The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s investigation of a parish councillor. This is because we cannot investigate the substantive matter, and because we cannot achieve a meaningful outcome.
The complaint
Mr X complains the Council did not investigate his complaint about bullying by a parish councillor of other councillors and the parish clerk. Mr X says this has caused those involved distress.
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 about councils and certain other bodies. We cannot investigate the actions of bodies such as parish councils or the actions of individual councillors. (Local Government Act 1974, sections 25 and 34A, as amended) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that a parish councillor was bullying other members of the parish council and the clerk. Mr X says the Council did not act on this information in line with its standards procedures.
The law does not allow us to investigate the actions of the parish council and the individual councillor. Therefore, we will not investigate this complaint because we cannot achieve a meaningful outcome.
In addition, we can only investigate complaints where we have received consent to do so by the person affected. The clerk has not provided their consent, and so we cannot investigate this matter.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate the substantive matter, and because we cannot achieve a meaningful outcome.
Investigator's decision on behalf of the Ombudsman