The Ombudsman's final decision
Summary: We will not investigate this complaint made against a parish council and Cornwall Council (the Council) concerning a memorial for Mr X’s relative. This is because the parish council is not a body within our jurisdiction and because there is no evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains about the response he received from both a parish council and the Council in relation to a memorial for a relative. He says he has been passed between the two bodies and has been very upset by what has happened.
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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as parish councils (Local Government Act 1974, sections 25 and 34(1), as amended) For bodies within jurisdiction, we investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint against the parish council because by law parish councils do not fall within our jurisdiction.
With regard to Mr X’s complaint against the Council, there is no evidence to suggest it has been at fault in its handling of this matter. While its response has been disappointing for Mr X, it told him his complaint should be directed to the parish council and the reason for this. It has also explained that as the parish council is a separate legal entity, it has no powers to insist it respond to him or take a particular course of action but it suggested he seek legal advice if he wishes to pursue the matter with the parish council.
Final decision
We will not investigate Mr X’s complaint because the parish council is not a body within our jurisdiction and because there is no evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman