The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council handled her Code of Conduct complaint because any injustice is not significant enough to justify an investigation.
The complaint
Mrs X complains about how the Council handled her Code of Conduct complaint. She says this has caused her frustration and distress.
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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant 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 follow procedures when considering her complaint about a Councillor.
I will not investigate this complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of fault or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. I do not consider any injustice Mrs X has suffered is significant enough to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mrs X’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman