Summary: We will not investigate this complaint about how the Council dealt with a complaint that a councillor has failed to declare a pecuniary interest. This is because there is no evidence of fault with how the complaint was considered and the police are better placed to consider the allegations made.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council dealt with his complain that a councillor had failed to declare a pecuniary interest, which disadvantaged Mr X’s business.

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The Ombudsman’s role and powers

2. 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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not provide an appeal against the Monitoring Officer’s decision; we can only consider how the Monitoring Officer considered Mr X’s complaint.
6. The Monitoring Officer considered the information Mr X provided about the actions of the councillor and the councillors response and concluded that the matter should be considered by the Assessment Sub-Committee. The Sub-Committee refereed the matter for investigation to determine the facts.
7. An Independent Officer was appointed to carry out the investigation, and in July 2021 they presented their report to the Monitoring Officer for review in consultation with the Independent Person.
8. The Monitoring Officer considered the report and relevant case law. However, as the councillor is no longer in office, and so not subject to the Code of Conduct, the Monitoring Officer decided that further action could be taken.
9. I will not investigate this complaint because there is no evidence of fault. The Monitoring Officer’s investigation was proportionate to the concerns raised. They considered the available evidence and reached a conclusion based on their professional judgement and case law. They also fully explained their reasons to Mr X.
10. Furthermore, complaints about breaches of the disclosable pecuniary interest provisions under Section 34 of the Localism Act 2011 are criminal matters which may be investigated by the police who are better placed to consider such matters.

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Final decision

11. We will not investigate Mr X’s complaint because there is no evidence of fault, and the police are better placed to investigate the allegations made.

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Investigator's decision on behalf of the Ombudsman