The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council failed to properly carry out a consultation. There is not enough injustice to warrant an investigation.
The complaint
Mr X complained the Council wrongly carried out a public consultation into the future election arrangements for local councillors.
Mr X says that as a result he was unaware of the consultation and therefore lost his right to contribute.
He wants the Council to formally apologise to residents, repeat the consultation and carry out service improvements in the consultation process to restore public confidence.
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 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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X is an elected member of the Council although he has brought this complaint in his personal capacity.
He is unhappy about the public consultation the Council carried out over whether the way the Council elected its councillors should change.
Prior to the start of the consultation period, officers brought a paper to full Council explaining the proposals, when the consultation period would start and how it would be publicised. As a councillor Mr X would have received that report. The minutes of the meeting also show he attended and voted on the item.
Therefore, Mr X had the information he required to contribute to the consultation. We will not investigate as there is no evidence he experienced an injustice.
Mr X has also raised concerns about injustice to other members of the public. However, he has no standing to complain on their behalf.
Final decision
We will not investigate Mr X’s complaint because there is not enough injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman