Summary: We will not investigate this complaint about standards committees because there is not enough evidence of fault to justify investigating and Mr Y has the right to go to court about the matter if he wishes.

The complaint

1. Mr Y complained the Council has refused to investigate his complaint about a council member because he made his complaint three days after the 20-working day deadline for complaints.
2. Mr Y says the comments made by the council member have impacted his personal reputation and the business he works for, causing him distress and worry.

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The Ombudsman’s role and powers

3. 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))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y complained to the Council in January 2025 about the behaviour of one of its councillors during a council meeting in November 2024. The Council responded, saying it would not investigate Mr Y’s complaint as under its policy, people wishing to make a complaint about such matters, must make the complaint within 20 working days. Mr Y however, made his complaint 23 working days after the meeting, which he had attended. As he was unhappy with the Council’s response, he approached us.
7. The Council’s policy for standards complaints says complaints must be made within 20 working days of the date which, in this case Mr Y and his business, became, or ought reasonably to have come, aware of the matter complained about.
8. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. The Council, in line with this policy, has explained that it will take no further action relating to the complaint as the complaint has been made after the 20-working day period. As this is in accordance with the Council’s policy, we would not find that there was fault in the way the decision was made. As there is not enough evidence of fault to justify investigation, we will not investigate this complaint.
9. Further, Mr Y has said that the comments made about him and the business he works for were damaging and defamatory. Defamation is a matter only a court can decide. If Mr Y feels he has been defamed, he has the right to go to court about the matter and potentially seek damages. We would consider it reasonable for him to use this right as the courts can in some cases assist with funding and can make reasonable adjustments where necessary. We will therefore not investigate this complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating and Mr Y has the right to go to court about the matter if he wishes.

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Investigator's decision on behalf of the Ombudsman