Dudley Metropolitan Borough Council (21 014 502)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 31 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to investigate a Councillor’s conduct. That is because there is insufficient evidence of fault to warrant further investigation.
The complaint
- Miss X complained the Council has failed to investigate her complaint about a Councillor’s conduct properly. She said the Council did not respond to all the points that she raised and the response to her complaint was bias. She said she has been distressed by how she has been treated.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X set up a community group to improve facilities at a local park. Following a community litter pick, Miss X complained about the conduct of a Councillor that attended.
- The Council considered the allegations Miss X made about the Councillor’s conduct. It spoke to the Councillor. It emailed Miss X and said there was insufficient evidence to demonstrate the Councillor had breached the Members’ Code of Conduct. It set out the reasons for that in a further email. It explained it could only consider issues relating to herself.
- We will not investigate this complaint further. The Council dealt with Miss X’s complaint in line with its policy and there is insufficient evidence of fault in its decision making to warrant further investigation.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault to warrant further investigation.
Investigator's decision on behalf of the Ombudsman