The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of Ms X’s Member Code of Conduct complaint. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complained to the Council about the behaviour of a local councillor.
The Ombudsman’s role and powers
We investigate 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. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about a local councillor in relation to the declaration and registering of interests.
In accordance with normal procedures the Council’s Monitoring Officer (MO) considered the complaint and sought the views of the Independent Person. Having done so, the MO decided that no further action would be taken as the complaint did not meet the required threshold and set out the reasons for the decision.
Ms X may be disappointed with the outcome of her complaint but we do not offer a right of appeal against a council’s decision on member conduct complaints. While we can consider if there was fault in the way the council considered the complaint, there is no evidence to suggest fault affected the Council’s decision here.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman