The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a senior member of Council staff. 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, who I will call Miss X, is an elected councillor. Miss X complains that a senior officer at the Council inappropriately disclosed information about Miss X to other councillors and that the senior officer was subsequently condescending to Miss X.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We can only accept complaints from members of the public. Miss X is a councillor, and her complaint arises from, and concerns, that role. Miss X does not therefore complain as a member of the public but as part of a public body and as such I have no legal remit to investigate.
Final decision
We will not investigate Miss X’s complaint because she does not complaint as a member of public.
Investigator's decision on behalf of the Ombudsman