The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a councillor conduct complaint as it is unlikely we will find fault by the Council.
The complaint
Mr X is unhappy the Council decided not to proceed with his complaint about comments a councillor posted online which Mr X said were of concern. Mr X says the Council’s response is disturbing and makes him feel unsafe.
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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code and the Council’s procedure for assessing councillor conduct complaints.
My assessment
The Council considered Mr X’s complaint but decided not to proceed with it as in its view, the councillor’s comments would not amount to a breach of the code of conduct for councillors. The Council took this decision after consulting its ‘Independent Person’, a role introduced by the Localism Act 2011 to ensure impartiality in the complaints process.
We will not investigate as the Council considered Mr X’s complaint and made a decision it is entitled to, and in line with its complaint procedure, of which I have had regard to. I recognise Mr X is unhappy with the decision but in the absence of fault in how it was made, we cannot criticise it. Mr X’s complaint does not provide evidence of such fault.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.
Investigator's decision on behalf of the Ombudsman