The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to allow the complainant to ask a question at a Council meeting. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant is complaining in his role as a councillor and it is therefore outside our jurisdiction.
The complaint
The complainant, who I shall call Councillor X complains the Council will not allow him to ask a question about another councillor at a meeting of the full Council. He says this is preventing him from speaking freely and representing his constituent’s feelings.
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 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.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Councillor X’s complaint because we cannot accept complaints from councillors complaining about something relating to their position as an elected Member.
Investigator's decision on behalf of the Ombudsman