The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s communication with a parish council. This is because we cannot investigate complaints made by a councillor on behalf of a parish council.
The complaint
Mr X says the Council did not implement a traffic calming scheme in an area it is responsible for. He says the parish council asked the Council to implement the scheme, but the Council did not respond. He says this caused reputational damage to the parish council and to him in his role as a parish councillor. Mr X wants the Council to respond to the parish council’s request.
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 can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended) 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 provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s lack of response has caused him reputational damage in his capacity as parish councillor. He also says the parish council’s reputation has been damaged.
The law says we cannot investigate complaints from councillors about matters relating to their official capacity. Mr X’s reputation as a councillor is about his role on the parish council. Therefore, we cannot investigate this complaint.
The law also says we cannot investigate complaints made by, or on behalf of, public bodies. The parish council is a public body. Therefore, we cannot investigate this complaint.
Investigator's decision on behalf of the Ombudsman