Summary: We will not investigate this complaint about the failure of her member of Parliament and a local councillor to respond to her complaints about health care services.

The complaint

1. Miss X complained to her member of Parliament about her poor treatment by local NHS services. When the MP failed to respond satisfactorily she complained to her local ward councillor. She says she has received no response at all from the Councillor which is a failure of duty and personally rude.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Members of Parliament. (Local Government Act 1974, sections 25 and 34A, as amended)
3. 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 could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Miss X says she has had problems with staff at her local GP practice over patient transport for some time. She was unable to access services following a complaint to the Health Service Ombudsman. She made a complaint to her Member of Parliament. She says the MP failed to give her a satisfactory response and is avoiding her. She complained about this to her local councilllor. She says she has not received any response from him which is a failure of his duty to help her.
7. We have no jurisdiction to investigate the actions of members of Parliament. Breaches of the Members’ Code of Conduct are carried out by the Council’s Monitoring Officer. In this case the Council says Miss X’s complaint concerns services which are outside the remit of local councillors and the Council and so it will not investigate further.
8. Councillors are local politicians and when acting as such they are not required by the Members’ Code to reply to or agree with all contacts which they receive from their constituents.

Back to top

Final decision

9. We will not investigate this complaint about the failure of her member of Parliament and a local councillor to respond to her complaints about health care services.

Back to top

Investigator's decision on behalf of the Ombudsman