The Ombudsman's final decision
Summary: We will not investigate this complaint about standard committees because there is not enough evidence of fault to justify investigating.
The complaint
Ms Y complained the Council has failed to act against a parish councillor who she says disclosed confidential information. Ms Y says this caused her upset and worry.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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 Ms Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Monitoring Officer has a duty to ensure that the authority, its officers and its members maintain the highest standards of conduct. Complaints that a member has failed to comply with the code of conduct should be dealt with in accordance with the authority’s agreed procedure.
Ms Y complained to the Council about a parish councillor. The Council investigated but found the person was not acting in their capacity as a parish councillor at the time the information was disclosed. Consequently, it found they had not breached the code of conduct and informed Ms Y of its decision.
We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
As the Council considered the complaint with reference to its agreed procedure and code of conduct and was able to explain its rationale, the Council has made its decision properly. Consequently, there is not enough evidence of fault to justify investigating.
Final decision
We will not investigate Ms Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman