The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of councillors. This is because we are unlikely to find fault.
The complaint
Mrs X complains the Council refuses to investigate her complaint that a councillor breached the code of conduct.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Local Authorities have a duty to designate a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are also unable to investigate or comment on the actions of the councillors complained about. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mrs X’s concerns and the evidence available and explained why they did not consider the complaint should be investigated as there was no breach of the code.
I understand Mrs X disagrees with the Monitoring Officer’s decision. But they are entitled to use their professional judgement to decide whether a complaint should or should not be formally investigated. As the Monitoring Officer properly considered Mrs X’s concerns, in line with the Council’s published criteria for code of conduct complaints, it is unlikely I could find fault.
Final decision
We will not investigate Mrs X’s complaint because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman