Summary: We will not investigate Ms X’s complaint about the Council’s decision to take no further action following her complaint about a councillor’s conduct. There is insufficient evidence of fault and we could not achieve what Ms X wants.

The complaint

1. Ms X complains the Council has refused to investigate her complaint about a councillor’s conduct. She wants a monitoring officer from another council to fully investigate her complaint and the Council to review its procedures.

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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
• we cannot achieve the outcome someone wants.

(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. Ms X initially complained about the actions of senior council officers. The Council considered and responded to her complaint, but Ms X was dissatisfied with the outcome. She complained the councillor who considered and responded to her complaint had breached the code of conduct.
7. The Council considered Ms X’s complaint. It considered evidence from Ms X and consulted an independent person. It decided there was insufficient evidence the councillor had breached the code of conduct and so it would take no further action.
8. We will not investigate this complaint. I accept Ms X disagrees with the Council’s decision but the Council appropriately considered Ms X’s complaint and the evidence she provided before reaching the decision. There is not enough evidence of fault in how it considered Ms X’s complaint to warrant an investigation.
9. Ms X wants her original complaints re-investigated but we could not require the Council to do this. We could not achieve what Ms X wants.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault and we could not achieve what Ms X wants.

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Investigator's decision on behalf of the Ombudsman