Summary: We will not investigate this complaint about the Council’s delay in responding to Ms X’s Code of Conduct complaint made against a local councillor. This is because there is insufficient injustice caused to Ms X to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, complains the Council delayed in responding to her allegation that a councillor had breached the Members Code of Conduct with a Tweet he had made over 10 years ago.

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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 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Ms X and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained that a local councillor had breached the Members Code of Conduct with a Tweet they had posted over 10 years ago.
6. The Council considered the complaint but explained to Ms X that as the councillor concerned had not been a councillor at the time the Tweet had been made, the Code did not cover the matter and it would not be taken further.
7. The Council sent its decision on the complaint out to Ms X about 6 months after she had made it. This did not cause any significant injustice to Ms X and an investigation by the Ombudsman is not warranted.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient injustice caused to Ms X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman