The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a conduct complaint about a parish councillor as we can achieve no meaningful outcome.
The complaint
Mrs X complains the Council failed to properly investigate her complaint of bullying by a parish councillor. Mrs X wants the councillor to be removed from their post.
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 investigate complaints about some councils and certain other bodies though we cannot investigate the actions of parish councils. (Local Government Act 1974, sections 25 and 34(1), as amended) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parish councils and the actions of parish councillors are not within our legal remit. We will not investigate Mrs X’s complaint because of this and as we cannot achieve the outcome she seeks, for the councillor to be removed from their post, or any other meaningful outcome.
Final decision
We will not investigate Mrs X’s complaint because we can achieve no meaningful outcome.
Investigator's decision on behalf of the Ombudsman