Summary: We cannot investigate Mr X’s complaint about how the Council and its officers dealt with an allegation about his eligibility to remain as an elected Councillor. Mr X has made the complaint in his Councillor role. We cannot investigate complaints from members of public bodies, including Councillors.

The complaint

1. Mr X complains about how the Council and its officers dealt with an allegation about his eligibility to remain as an elected Councillor. The Council initially said he was ineligible to remain as a Councillor, then changed its view.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

Back to top

How I considered this complaint

4. I considered information from Mr X, and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s complaint is outside our jurisdiction and by law we cannot investigate it. This is because Mr X has raised his complaint in his role as an elected Councillor. We cannot investigate where someone is complaining as a member of a body constituted for the public good, such as a borough council. We can only investigate complaints made by people as members of the public.
6. Mr X is also a Councillor complaining about the public body of which he is part, so there is no element of the complaint which is separable from his Councillor role.

Back to top

Final decision

7. We cannot investigate Mr X’s complaint because he has made it in his Councillor role and we cannot investigate complaints from members of public bodies.

Back to top

Investigator's decision on behalf of the Ombudsman