Summary: We will not investigate this complaint about standard committees because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council has failed to act against a councillor who he says breached the Code of Conduct relating to a change in road surface along part of Mr Y’s road.
2. Mr Y says he now feels unable to trust the councillor and the condition of the road he lives on is poor, causing annoyance and inconvenience.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
7. Complaints that a member has failed to comply with the code of conduct should be dealt with in accordance with the authority’s agreed procedure. The Monitoring Officer will initially assess complaints and decide whether it merits formal investigation. This is normally done in consultation with the Independent Person. Before the Council makes a decision on a complaint it has decided to investigate, the Independent Person must be consulted.
8. In this case, the Council has considered the complaint, including the evidence Mr Y provided to it. In line with its policy the Monitoring officer considered the complaint, as did the Independent Person. Both agreed that the matter was subject to the Code of Conduct, but that no further action was needed, on the basis the Councillor was seeking to gauge views about the proposed road surface change and the actions were not using any formal powers or decision-making. The decision therefore has been made in accordance with the Council’s policies and Mr Y has a rationale for the decision.
9. While Mr Y may feel strongly about the matter and may disagree with the decision made, there is not enough evidence of fault in the decision-making process to justify investigation. We will not investigate.

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Final decision

10. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman