The Ombudsman's final decision
Summary: We will not investigate how the Council handled Mr X’s complaint about the Authority’s Mayor as it is unlikely we will find fault by the Authority.
The complaint
Mr X complained to the Authority that the Mayor had made disrespectful comments when she appeared on a television programme. Mr X is unhappy the Council did not progress his complaint as it decided the Mayor was not acting in her official capacity during the appearance. Mr X says this concerns him and caused him frustration.
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 Authority’s procedure for dealing with complaints about the Mayor’s conduct.
My assessment
We will not investigate as I am satisfied the Authority dealt with this matter in line with its policy for dealing with complaints about the Mayor’s conduct. The Authority, in conjunction with its Independent Person (IP), considered Mr X’s concerns, the evidence available and explained why it did not consider the complaint should be investigated. In its view, the Mayor was not acting in her official capacity during the television appearance, and as such, under its policy, the complaint could not be progressed.
I recognise Mr X disagrees with the Authority’s decision, but it was entitled to make it. We could only question that decision if there was fault in the way it was made. I consider it is unlikely we will find such fault.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Authority.
Investigator's decision on behalf of the Ombudsman