The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s designation of land it owns as a site for travellers without consulting the Parish Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant is a parish clerk making a complaint on behalf of a parish council. The law says that we cannot investigate complaints from an authority constituted for the purposes of the public service.
The complaint
Mrs X complained about the Council’s decision to designate land it owns as a site for travellers who were being removed from another part of its area. She is a parish clerk for the parish council where the site is proposed and says the Council failed to consult with the parish council before making its decision.
The Ombudsman’s role and powers
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.
The complaint has been made by a parish clerk acting on behalf of a parish council. This is not an eligible complainant under our jurisdiction because public bodies such as parish councils are excluded by the legislation from which the Ombudsman takes his powers.
Final decision
We cannot investigate this complaint about the Council’s designation of land it owns as a site for travellers without consulting the Parish Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant is a parish clerk making a complaint on behalf of a parish council. The law says that we cannot investigate complaints from an authority constituted for the purposes of the public service.
Investigator's decision on behalf of the Ombudsman