Summary: We will not investigate this complaint about the Council’s decision on a Member Code of Conduct complaint Mr X made against a councillor. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains that by what they said, a councillor unfairly insulted him and a campaign he is involved with and that the councillor talked slowly to him because of his disability when this was not required.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant, including the Council’s decision on his Code of Conduct complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about the conduct of a councillor. The Council considered the complaint but decided that as it was unlikely there had been a breach of the Code of Conduct, it would take no further action.
7. The Ombudsman does not offer a right of appeal against a council’s decision on member conduct complaints. While we can consider if there was fault in the way a council considered such a complaint, in this case there is no evidence to suggest fault affected the Council’s decision.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman