The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council has dealt with a report that the complainant had breached the Members Code of Conduct. This is because we have no power to investigate complaints from councillors about matters relating to their role as a councillor .
The complaint
The complainant, who I will call Councillor X, complains that the Council has taken too long to complete its investigation into an allegation that he breached the Members 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 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate this complaint. Councillor X’s complaint relates to his position as a councillor, so the complaint is outside our jurisdiction due to the restriction detailed in paragraph 3.
Final decision
We will not investigate Councillor X’s complaint because he is complaining in his capacity as a councillor.
Investigator's decision on behalf of the Ombudsman