Shropshire Council (24 016 252)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 05 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about standards committees because there is not enough evidence of fault to justify investigating.
The complaint
- Ms Y complained the Council has failed to investigate a complaint about misogynistic behaviour on her local town council.
The Ombudsman’s role and powers
- 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
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Ms Y complained to the Council about the behaviour of local town councillors in December 2024. The Council responded, saying it was unable to consider Ms Y’s complaint because the town council is an independent body over which it did not have control. It said Ms Y should complain to the town council itself.
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We are not able to investigate parish or town councils.
- In this case, the Council has considered whether or not it can investigate Ms Y’s complaint about her concerns in the town council’s behaviour. It has found it cannot investigate and has told Ms Y this. It has also told her where she is able to complain. As the Council has considered her complaint and its powers before responding, there is not enough evidence of fault to justify investigating.
- Further, as we are not able to investigate parish and town councils, even if we were to investigate and find fault, we could not require action by the parish council or for its employees. Consequently, there is no worthwhile outcome from an investigation into this complaint. As there is also not enough evidence of fault in the Council’s actions, we will not investigate.
Final decision
- We will not investigate Ms Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman