Summary: We will not investigate how the Council’s Monitoring Officer considered a complaint about the conduct of a councillor. It is unlikely an investigation would find fault affected the Monitoring Officer’s decision to take no further action. Any unreasonable delay in considering the complainant has not caused the complainant injustice that warrants our involvement.

The complaint

1. The complainant, who I refer to here as Mr X, complained the Council’s Monitoring Officer decided to take no further action on his complaints that two councillors had breached the Code of Conduct for elected members. It took about a year for the Council to reach the decision.

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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)
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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

5. We do not provide an appeal against the Monitoring Officer’s decision; we can only consider how the Monitoring Officer considered Mr X’s complaint. Further, it is not our role to investigate or comment on the actions of the councillors Mr X complained about.
6. The Monitoring Officer considered the information Mr X provided about the actions of the councillors.
7. 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 X.

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Final decision

8. We will not investigate this complaint. While I recognise Mr X disagrees with the Monitoring Officer, it is unlikely we would find fault by the Council affected the decision to take no further action on his complaints about the councillors. While we not condone any unnecessary delay, I do not consider this can have caused Mr X that would justify our involvement.

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Investigator's decision on behalf of the Ombudsman