Allerdale Borough Council (21 014 366)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 21 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a complaint made about the complainants conduct as a councillor. This is because he does not complain as a member of the public.
The complaint
- The complainant, who I will call Cllr X, complains about the Council’s handling of a complaint made about his conduct as a councillor.
The Ombudsman’s role and powers
- We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision.
My assessment
- We can only accept complaints from members of the public. Cllr X is a councillor, and his complaint arises from, and concerns, that role. Cllr X does not complain therefore as a member of the public but as part of a public body and as such I have no legal remit to investigate.
Final decision
- I cannot investigate this complaint. This is because he does not complain as a member of the public.
Investigator's decision on behalf of the Ombudsman