The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with two complaints about the conduct of a Councillor. This is because there is insufficient evidence of fault.
The complaint
Mr X complains about how the Council considered two complaints he made about the conduct of a 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In accordance with its procedures, the Council considered both of Mr X’s complaints against the Councillor, considered supporting information provided by Mr X in regard to one of the complaints and consulted with the Independent Person. It decided not to accept them as valid complaints and explained its reasons why to Mr X. This is a decision the Council was entitled to make, and its merits are not open to review by the Ombudsman. I have seen no evidence to suggest there was fault in the way the Council came to its decision and will therefore not investigate Mr X’s complaint.
It is not a good use of public funds to investigate complaint handling, such as delays in responding to complaints, when we have decided not to investigate the issues raised in a complaint. I will therefore not investigate the Council’s complaint handling in these two cases.
Final decision
We will not investigate Mr X’s complaints because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman