Summary: We will not investigate this complaint about the handling of a councillor conduct complaint as it is unlikely we will find fault or fault causing a significant injustice to the complainant.

The complaint

1. Mrs X complains the Council did not properly investigate her complaint that a councillor used abusive and arguably racist language at a Council meeting which she found insulting. Mrs X also complains her complaint was handled inefficiently by the Council. Mrs X wants the complaint to be re-evaluated and for the councillor to apologise and retract what was said.

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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 or injustice to justify investigating, or we cannot achieve the outcome the complainant wants or there is another body better placed to deal with the matter (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. The Council assessed Mrs X’s complaint and decided not to pursue it, as in its view, the conduct did not represent a breach of its code of conduct but equated to the councillor lawfully exercising their right to free speech. The Council explained in detail how it had come to this view.
7. We cannot question the Council’s decision unless there is evidence of fault in the way it was made. I have considered this, with reference to the Council’s member conduct complaint procedure, and cannot see any clear indication of fault by the Council in its decision-making process or that we would find such fault by investigating. I recognise that Mrs X is unhappy with the outcome of her complaint, but this does not provide grounds for us to criticise the Council’s decision.
8. Notwithstanding the above, I understand the strong feelings Mrs X has about the issue in question but I do not consider this equates to a level of injustice that would warrant our further involvement, given our limited resources. This applies also to the injustice caused to Mrs X from any failures by the Council in its administration of the complaint.
9. Any allegations of racist conduct are likely to be best directed to the police.
10. When we find fault, we can recommend organisational remedies for injustice caused by that fault. We cannot impose sanctions on individuals at the Council. We could not therefore achieve some of the outcomes Mrs X seeks.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Mrs X’ s complaint because it is unlikely we will find fault or fault causing her a significant injustice.

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Investigator's decision on behalf of the Ombudsman