The Ombudsman's final decision
Summary: We will not investigate this complaint from a councillor about the Council’s responses to her complaint about a councillor. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.
W e have no power to investigate complaints from councillors about matters relating to their role as a councillor .
The complaint
The complainant, a councillor whom I refer to as Councillor X, raises concerns about the way the Council handled her complaints about a fellow councillor.
She says a fellow councillor acted without authority in taking action on a public matter ahead of the relevant decision - making forum. She also says there was also a lack of communication with local stakeholders.
Councillor X is dissatisfied with the Council’s response and is concerned about the constitution being eroded.
The Ombudsman’s role and powers
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 Councillor X including the Council’s substantive response to Councillor X.
I also considered our Assessment Code.
My assessment
The Council has responded to Councillor X’s concerns in some detail and overall denied any impropriety taking place in the actions of the councillor complained about.
The restriction detailed in paragraph 4 above applies to Councillor X’s complaint. The issues she raises relate to her position as a councillor, so the complaint is outside our jurisdiction.
Final decision
We will not investigate Councillor X’s complaint because she is complaining in her capacity as a councillor.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman