East Riding of Yorkshire Council (21 012 327)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 09 Dec 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about online content posted by a councillor regarding the Liverpool terrorism incident. This is because it is reasonable to expect the complainant to complain to his local monitoring officer.
The complaint
- Mr X complains about the online content posted by a councillor in relation to the Liverpool terrorism incident. Mr X would like the councillor investigated.
The Ombudsman’s role and powers
- 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Complaints about councillor conduct are subject to regulation outlined in the Localism Act 2011 and complaints are dealt with locally by the Monitoring Officer.
- It would be reasonable to expect Mr X to refer his complaint to the local Monitoring Officer with the specific responsibility to consider complaints about possible breach of the councillors’ code of conduct.
Final decision
- We will not investigate Mr X’s complaint because he should complain to his local Monitoring Officer.
Investigator's decision on behalf of the Ombudsman