Summary: We will not investigate how the Council responded to Ms X’s complaint about councillor conduct as it would not be a good use of our resources to do so, as we can achieve no meaningful outcome for Ms X. Additionally, the injustice to Ms X from how the Council dealt with her complaint, as a stand-alone matter, is not sufficient to warrant our further involvement.

The complaint

1. Ms X complains about the Council’s handling of her complaint about the conduct of a councillor, who Ms X says failed to respond to her after she raised concerns with him. Ms X is unhappy that no one is being held to account.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we can achieve no meaningful outcome or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

Background

7. Ms X complained to the Housing Ombudsman (HO) about a housing matter. After the HO had dealt with the complaint, Ms X took her concerns back to the Council, via a councillor, councillor Y, with a view to ensuring learning took place from the HO’s decision. Ms X expected the councillor to investigate how the Council had dealt with her, in relation to the housing issue, and how it had engaged with the HO. Ms X also challenged the councillor in respect of a referral he had made about her to mental health services, which Ms X considered to be negligent or malicious.
8. Ms X says councillor Y did not provide a response and ignored her repeated contacts with him about this. Ms X then complained to the Council about the conduct of the councillor in this regard and other councillors, who Ms X had copied into her communications with councillor Y, but who also failed to respond to her.
9. The Council assessed Ms X’s complaint, in consultation with its Independent Person. It concluded it did not meet the thresholds for potential breaches of the Member code of conduct. As such, it advised Ms X that no further action would be taken.

Back to top

My assessment

10. While legally we are able to investigate the Council’s consideration of Ms X’s code of conduct complaint, I do not consider we should. The complaint arises from events not within our legal remit ie housing matters, and as such, I do not consider we could achieve any meaningful outcome for Ms X, given we can have no involvement in the original issue. In addition, we are unable to recommend the imposition of any sanctions on councillors or hold the councillor to account, as Ms X would wish.
11. Further, while I appreciate Ms X remains upset at how the Council dealt with her original housing complaint, I do not consider the injustice caused to her, from how the Council dealt with her code of conduct complaint as a stand-alone matter, causes her injustice to a degree that would warrant our involvement.
12. Ms X’s complaint that councillor Y was wrong to make a referral about her to a third party is essentially a complaint about a data protection breach. As such, I consider that the Information Commissioner’s Office (ICO) was best placed to deal with this issue. I cannot therefore see grounds for us to examine how the Council considered this aspect of Ms X’s complaint under its standard’s regime.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because we can achieve no meaningful outcome and the injustice caused to Ms X is not sufficient to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman