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

The complaint

1. The complainant who I refer to here as Mr B, has complained about how the Council’s Monitoring Officer dealt with his complaints that a parish councillor and a parish council had breached the Code of Conduct for elected Members.

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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. The actions of parish councillors and parish councils are not within our jurisdiction.

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How I considered this complaint

5. I considered information provided by Mr B and the Council. I also considered our Assessment Code.

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My assessment

6. We do not provide an appeal against the Monitoring Officer’s decisions; we can only consider how the Monitoring Officer considered Mr B’s complaints. Further, it is not our role to investigate or comment on the actions of the parish councillor or parish council Mr B complained about.
7. The Monitoring Officer considered the information Mr B provided about the actions of the parish councillor and decided to take no further action. .
8. The Monitoring Officer’s investigation was proportionate to the concerns raised. He considered the available evidence and reached a conclusion based on his professional judgement. He also explained his reasons to Mr B.
9. The Monitoring Officer has explained to Mr B that the Code of Conduct does not apply to the actions of a parish council as a body.

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Final decision

10. We will not investigate this complaint. While I recognise Mr B disagrees with the Monitoring Officer, it is unlikely we would find fault by the Council affected the decisions to take no further action on his complaints about the parish councillor or parish council.

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Investigator's decision on behalf of the Ombudsman