Summary: We will not investigate this complaint about how the Council dealt with a complaint about the conduct of a town councillor. This is because we are unlikely to find fault.

The complaint

1. Mr X complains the Council refuses to investigate his complaint that a town councillor lied about a licensing application.

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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. (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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Local Authorities have a duty to appoint a Monitoring Officer to ensure the lawfulness and fairness of authority decision making. The Monitoring Officer must ensure that the authority, its officers and members maintain the highest standards of conduct. Each council has different rules for dealing with complaints about code of conduct breaches.
7. The Ombudsman does not provide an appeal against the Monitoring Officer’s decisions. We are unable to investigate or comment on the actions of the parish council or the councillor complained about. Where a Monitoring Officer has made a decision in line with the correct procedure, taking account of the relevant evidence, the Ombudsman will generally not criticise the decision, even if the complainant does not agree with it.
8. In this case, I am satisfied the Monitoring Officer dealt with the matter in line with the Council’s rules for code of conduct complaints before deciding not to take further action. The Monitoring Officer considered Mr X’s complaint and consulted the Council’s Independent Person.
9. I recognise Mr X found town councillors actions concerning, and that he disagrees with the Monitoring Officer’s decision. However, the Monitoring Officer is entitled to use their professional judgement to decide not to formally investigate Mr X’s complaint.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault in the process the Council followed before deciding not to investigate his complaint about the conduct of a town councillor.

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Investigator's decision on behalf of the Ombudsman