The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered a complaint about a Parish Council and Parish Councillors. There is not enough evidence of fault to justify an investigation. We cannot investigate the actions of Parish Councils.
The complaint
Mrs X complained about the actions of a Parish Council. She said she felt threatened and humiliated by the actions of the Parish Council. She wanted an investigation into the actions of Parish Councillors and the Parish Clerk and a full apology.
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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
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))
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 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.
Mrs X complained the Council did not investigate her complaint about the actions of Parish Councillors, or the actions of a Parish Council.
In its complaint response, the Council told Mrs X it could not consider her complaints about the administration, finances and employment matters of the Parish Council. The Council explained these matters were outside of the powers of the Council. The Council signposted Mrs X to the Parish Council’s auditors.
The Council considered Mrs X’s complaints about the behaviour of Parish Councillors. In its complaint response, the Council explained that it did not consider the behaviour of the Parish Councillors had breached the Parish Council’s code of conduct.
The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. Where a Monitoring Officer has made a decision 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 Council considered Mrs X’s complaint in line with its rules for dealing with code of conduct complaints, before deciding to take no further action. It appropriately considered her concerns and explained the reasons for its decision to take no further action. There is not enough evidence of fault to justify an investigation.
Additionally, the law states we cannot investigate complaints about the actions of Parish Councils where they are not acting on behalf of a principal local authority in respect of one of its functions. Therefore, we cannot investigate the parts of the complaint relating to the Parish Council.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation. We cannot investigate the actions of Parish Councils.
Investigator's decision on behalf of the Ombudsman