The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that a Councillor did not breach the Code of Conduct in relation to her concerns that the Councillor breached data protection regulations. Further investigation is unlikely to lead to a different outcome.
The complaint
The complainant, who I shall refer to as Ms D, complains about the Council’s decision that a Councillor did not breach the Code of Conduct.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating further investigation would not lead to a different outcome there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms D and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms D complained to the Council that a Councillor breached the Code of Conduct. The Councillor told her employer about her contact with them. Ms D says her employer took disciplinary action against her causing her to become ill with stress.
The Council says it considered all the information provided by Ms D and the Councillor. The Monitoring Officer sought advice from the Information Manager and decided there was no data protection breach.
The Monitoring Officer consulted the Independent Person and decided the Councillor had not breached the Code of Conduct.
The Ombudsman does not offer a right of appeal against a council’s decision on member conduct complaints, but we can consider if there was fault in the way the Council considered the complaint. Having followed the correct process for dealing with complaints about councillors, this is a decision the Council is entitled to make.
Ms D confirms she has made a complaint to the Information Commissioner’s Office (ICO) about her data protection concerns.
Final decision
We will not investigate Ms D’s complaint. There is not enough evidence of fault in the way the Council considered her complaint about the Councillor to justify an investigation. Nor would further investigation lead to a different outcome.
Investigator's decision on behalf of the Ombudsman