Vale of White Horse District Council (21 006 734)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 22 Sep 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about how the Council dealt with conduct complaints made by and about parish councillors. Mr X complains as a councillor not as a member of the public. We cannot investigate what happened at the parish council.
The complaint
- Mr X complains the Council has failed to investigate complaints by him and other members of the parish council about the bullying behaviour of a fellow councillor. Mr X disagrees with the Council’s reasons for not investigating and says the Council has failed to protect parish council staff. He wants an independent investigation.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
- We investigate complaints about most councils and certain other bodies. We cannot investigate the actions of parish councils. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I have considered Mr X’s information and comments. The information includes the Council’s decision on the conduct complaint.
My assessment
- The complaint is outside the Ombudsman’s jurisdiction (see paragraphs 2-4 above). I cannot investigate Mr X’s complaint because he complains as a councillor not as a member of the public. The Ombudsman cannot investigate what happens at a parish council because it is not a body within our jurisdiction.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint about how the Council dealt with conduct complaints made by and about parish councillors. Mr X complains as a councillor not as a member of the public. We cannot investigate what happened at the parish council.
Investigator's decision on behalf of the Ombudsman