Summary: We will not investigate this complaint about how the Council dealt with concerns about the behaviour of a town council councillor. This is because we are unlikely to find fault and cannot achieve the outcome the complainant seeks.

The complaint

1. The complainant, to whom I refer as Mrs X, says that the councillor provided false information to the prospective buyers of her property, which caused them to withdraw. This caused significant financial loss to Mrs X. She wishes for the Council to recognise its mistake and reimburse the money she lost due to the sale of her property falling through.

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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of town councils.

(Local Government Act 1974, sections 25 and 34A, as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. The complainant has been given an opportunity to comment on my draft decision.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Each council has different rules for dealing with complaints about code of conduct breaches. In this case, the Monitoring Officer will consider the complaint and decide if it merits investigation.
7. The Ombudsman cannot investigate complaints about town councils but can consider the Council’s administration of a code of conduct complaint. Where a decision has been made in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
8. I am satisfied the deputy Monitoring Officer followed the Council’s arrangements for dealing with standards allegations before deciding not to take further action. The deputy Monitoring Officer considered Mrs X’s complaint and contacted the councillor in question, before deciding Mrs X’s complaint did not merit investigation, as the councillor was not acting in his official capacity when he provided information to the prospective buyer of Mrs X’s property.
9. As the deputy Monitoring Officer properly considered Mrs X’s concerns and dealt with her complaint in line with the Council’s policy, it is unlikely I could find fault.
10. Furthermore, I cannot achieve what Mrs X wants. While we can look at the Council’s investigation of her complaint, the law does not allow us to investigate the actions of the councillor or to impose sanctions upon him.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to find fault and we cannot achieve the outcome she seeks.

Back to top

Investigator's decision on behalf of the Ombudsman