The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision in relation to a complaint Ms X made against a local councillor. This is because there is no evidence to suggest fault by the Council.
The complaint
Ms X complains about the Council’s decision on a Code of Conduct complaint she made against a local councillor as it decided not to uphold her complaint and to take no further action.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. 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) 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))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not offer a right of appeal against a council’s decision on member conduct complaints. However, we can consider if there was fault in the way the council considered the complaint.
In this case the Monitoring Officer considered the complaint and discussed it with the Independent Person in accordance with normal procedures. While Ms X may disagree with the Council’s decision, there is no evidence to suggest fault affected it and we will not pursue it further.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman