Summary: We will not investigate this complaint that a Councillor abused his authority by arranging a rubbish collection from outside his family’s property at public expense. This is because no personal injustice was caused to the complainant.

The complaint

1. The complainant, to whom I refer here as Mr Z, says that the Councillor breached the Councillors’ Code of Conduct by using his position to arrange rubbish collection at public expense from outside the property which belongs to members of his family.

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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 any fault has not caused injustice to the person who complained.

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

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How I considered this complaint

3. I considered information provided by Mr Z.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Z says that by bringing this complaint he acts as a volunteer of the organisation which deals with litter picking. He was contacted by the residents who live at the same estate as the members of the Councillor’s family.
6. I will not investigate this complaint. This is because I cannot find any evidence of personal injustice to Mr Z which would justify investigation of this complaint.

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Final decision

7. We will not investigate Mr Z’s complaint because there is no personal injustice caused to Mr Z.

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Investigator's decision on behalf of the Ombudsman