The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to make changes to a local highway. This is because the group Ms X represents have already unsuccessfully challenged the Council’s decision in court. We will not investigate other parts of Ms X’s complaints as these relate to the way Council uses public money. This affects all or most people in the Council’s area and the law does not allow us to investigate these complaints.
The complaint
Ms X complaints on behalf of a group of residents about the Council’s decision to make changes to a local highway as well as money spent on surrounding regeneration project.
Ms X says the works to the highway have increased local travel times. She says the Council is wasting public money on the regeneration project and she would like this to be audited.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The resident’s group Ms X complains on behalf of have unsuccessfully applied to court to judicially review the Council’s decision to make changes to the local highway. Therefore we cannot investigate this complaint as they have already taken this matter to court.
We cannot investigate the way Council has spent its money on the surrounding infrastructure projects. This is because the Council’s use of public money affects all or most people in its area. The law does not allow us to investigate these complaints.
Final decision
We will not investigate Ms X’s complaint because she has already taken part of this complaint to court. We will not investigate other parts of her complaint as the issues raised affect all or most people in the Council’s area.
Investigator's decision on behalf of the Ombudsman