Summary: We will not investigate this complaint about the Council’s handling of Mr X’s complaint made against a local councillor. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of his complaint made against a local councillor who he says involved themselves inappropriately in a planning matter for political reasons.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council that due to the politically motivated involvement of a local councillor, Councillor Y, the announcement of a large, proposed development in the Council’s area was delayed.
6. The Council’s Monitoring Officer considered the complaint and the information provided by Mr X. However, the Council told him no evidence had been found that Councillor Y had breached the Members Code of Conduct. The Council explained the rules around the pre-election period and that the guidance on this matter required business to take place as usual but that any major decision that could wait, should wait so as not to influence the election.
7. We do not offer a right of appeal against a council’s decision on member conduct complaints and while we can consider if there was fault in the way the council considered the complaint, we will only investigate if there is sufficient injustice to warrant our involvement or we consider it in the public interest to do so.
8. In this case the Monitoring Officer considered the complaint and came to a decision. The MO also pointed out to Mr X that the electorate’s views on the development might be directly opposite to those held by Mr X.
9. Mr X has involved the Information Commissioner’s Office in connection with an FOI request he made. We will not investigate this matter as the ICO is the body best placed to deal with it.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman