The Ombudsman's final decision
Summary: We will not investigate this complaint about highway repairs. This is because we cannot investigate complaints from bodies constituted for public service, or people not complaining as members of the public.
The complaint
Mr Y is a town councillor. He complains as a town councillor about the length of time it has taken for repairs to be completed on a pavement and about the safety of the alternative route for pedestrians while the pavement is out of use.
Mr Y says people have contacted him to raise concerns about the alternative route and its safety, particularly as many pedestrians are not using the longer route and are walking along the road instead to avoid the works.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council closed a footpath, half a mile from Mr Y’s home in December 2021. Mr Y complained to the Council in April 2022 about the closure and the alternative pedestrian route in place. This was sent from Mr Y’s town council email address and signed in his capacity as a councillor.
The Council responded in April, explaining its considerations of the route and the progress of the ongoing work. It denied fault. Mr Y then approached us in May.
Analysis Mr Y is a councillor for the town council. This is a body constituted for public service. We cannot by law investigate complaints from such bodies.
The Ombudsman investigates complaints brought by members of the public or their appointed representatives. Mr Y has complained in his capacity as a town councillor. Consequently, we cannot investigate.
Final decision
We will not investigate this complaint because we cannot investigate complaints from bodies constituted for public service, or people not complaining as members of the public.
Investigator's decision on behalf of the Ombudsman