Summary: We will not investigate how the Council’s Monitoring Officer considered a complaint about the conduct of councillors. It is unlikely an investigation would find fault affected the Monitoring Officer’s decision to take no further action.

The complaint

1. Mr X complains the Council’s Monitoring Officer decided to take no further action on his complaint that councillors had breached the Code of Conduct for elected members. Mr X has also complained about delay by the Council in responding to his complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we refer to as ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
4. It is not a good use of public money to investigate how a council has dealt with a complaint about something where we will not investigate the central issue.

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How I considered this complaint

5. I considered information provided by Mr X and the Council. This included the Monitoring Officer’s decision on his complaint. I have also considered our Assessment Code.

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My assessment

6. We do not provide an appeal against the Monitoring Officer’s decision; we can only consider how the Monitoring Officer considered Mr X’s complaint. Further, it is not our role to investigate or comment on the actions of the councillor Mr X complained about.
7. The Monitoring Officer considered the information Mr X provided about the actions of the councillor. She also sought the views of the Independent Person and the Independent Chair of the Council’s Standards Committee before deciding not to take further action.
8. The Monitoring Officer’s investigation was proportionate to the concerns raised. She considered the available evidence and reached a conclusion based on her professional judgement. She also explained her reasons to Mr X.

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Final decision

9. We will not investigate this complaint. While I recognise Mr X disagrees with the Monitoring Officer, it is unlikely we would find fault by the Council affected the decision to take no further action on his complaint about the councillor.
10. As we are not investigating the main issue, we will not investigate hoe the Council has dealt with Mr X’s complaint about delay.

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Investigator's decision on behalf of the Ombudsman