Stratford-on-Avon District Council (21 013 503)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 20 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision on a complaint made against a local councillor. This is because there is no evidence to suggest fault by the Council.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council’s decision on a complaint he made against a local councillor who declined to answer two questions he posed at a council meeting which related to his business.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked two related questions of a councillor at a Council meeting. In response to both questions the councillor told Mr X he would not be answering. The councillor’s response had been agreed before the meeting with a senior officer because the questions concerned a matter which had been previously raised by Mr X and communication on which he has been told must now be routed through the Council’s solicitors.
- When Mr X complained that the councillor had breached the Members Code of Conduct with his behaviour, the Council discussed his complaint with the Independent Person but decided there would be no merit in carrying out a formal investigation. It explained to Mr X that he had no right to a detailed answer from the councillor and that the councillor had not acted in breach of the Code.
- While I understand Mr X is disappointed with the Council’s response, there is no evidence its decision on his member complaint was made with fault and we will not investigate it.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman