on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Other Categories > Councillor conduct and standards Decision : Closed after initial enquiries Decision date : 25 Mar 2026 The complaint
My assessment
Final decision
The Ombudsman's final decision
Summary: We will not investigate how the Council dealt with Mr X’s complaint about the conduct of a councillor 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 the conduct of a councillor. Mr X feels it is unfair the councillor is allowed to continue in their duties.
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 dealing with councillor conduct complaints.
My assessment
We will not investigate as I am satisfied the Council dealt with this matter in line with its policy for dealing with complaints about councillor conduct. The Council, 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 councillor was not acting in their official capacity when the conduct complained of took place, and as such, under its policy, the complaint could not be progressed.
I recognise Mr X disagrees with the Council’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 Council.
Investigator's decision on behalf of the Ombudsman