The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint that a parish councillor breached the code of conduct. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have seen no evidence of fault in the Council’s actions.
The complaint
I shall call the complainant Mr X. Mr X complains about the Council’s decision not to investigate his complaint that a parish councillor breached the code of conduct when she sent him an email which he considers includes abusive content.
He also complains the Council ignored his reports that the parish councillor had unlawfully taken part in decisions on financial matters while she was more than two months in arrears with personal council tax payments.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Investigator's decision on behalf of the Ombudsman