Summary: We will not investigate Mr X’s complaint that the Council refused to investigate the actions of councillors in the run up to the local elections. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complained about material published by councillors in the run up to the local elections. He said the some of the material was untrue and some failed to declare it had been published by a councillor. Mr X said this brought the Council into disrepute. He wants his complaints investigating.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council’s Monitoring Officer (who is responsible for considering complaints about councillors) refused to investigate Mr X’s complaints for the following reasons:
• the material in question was published in the run up to the local elections. Therefore, any complaints should be made to the Electoral Commission; and
• the specific material Mr X said was untruthful was not. The Monitoring Officer had checked where the original quotes came from, and these were accurately reproduced.
6. Material published in the run up to an election falls under the responsibility of the Election Returning Officer. Although this is usually a council’s Chief Executive, they are not acting on behalf of the council, but independently. Therefore, complaints about matters falling within their responsibilities are for the Electoral Commission to consider.
7. Even if this was not the case, we would not investigate. This is because the Council has considered Mr X’s complaints appropriately, explained why it will not investigate and confirmed the Independent Person agrees with this.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman