The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a councillor’s conduct. The Council has now agreed to investigate his complaint. An investigation by us would not lead to a different outcome.
The complaint
Mr X complained the Council refused to investigate his complaint about a councillor’s conduct. He says this caused him distress and meant the councillor faced no consequences for their behaviour.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X’s complaint, the Council said the councillor had refuted Mr X’s allegations and due to the lack of independent evidence, it could not investigate further.
Mr X brought the complaint to us and provided two independent witness statements.
In response to my enquires, the Council confirmed it had not considered the witness statements as part of its investigation. It agreed it would now investigate to consider this evidence and provide Mr X with a response.
We will not investigate this complaint. The Council has agreed to investigate Mr X’s concerns which is a reasonable and proportionate outcome. An investigation by us would not lead to a different outcome or achieve anything more.
Final decision
We will not investigate Mr X’s complaint because I am satisfied with the action the Council proposes to take. An investigation by us would not lead to a different outcome or achieve anything more.
Investigator's decision on behalf of the Ombudsman