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 delay in the process has not caused the complainant significant injustice.

The complaint

1. The complainant, who I refer to here as Mr Y complained about the Council’s handling of his complaint that a councillor had breached the Code of Conduct for elected members. The Monitoring Officer had not concluded his investigation into Mr Y’s concerns when he complained to us.

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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 Y and the Council. This included the Monitoring Officer’s decision on Mr Y’s complaint which was issued after he complained to us. I have 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 Y’s complaint. Further, it is not our role to investigate or comment on the actions of the councillor Mr Y complained about.
6. The Monitoring Officer considered the information Mr Y provided about the actions of the councillor. He also sought the views of the Independent Person before deciding not to take further action.
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 Y.

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Final decision

8. We will not investigate this complaint. While I recognise Mr Y 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 complaint about the councillor. I do not consider any delay in the issue of the Monitoring Officer’s decision has caused Mr Y injustice that would warrant our involvement.

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Investigator's decision on behalf of the Ombudsman