The Ombudsman's final decision
Summary: We cannot investigate this complaint from a Parish Council complaining about sale of land to a private buyer 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. We are prohibited from investigating complaints made by Parish Councils.
The complaint
Mrs X complains, on behalf of a Parish Council, that Breckland District Council has failed to deal properly with its complaints about its decision to sell land to a private buyer.
The Ombudsman’s role and powers
We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
How I considered this complaint
I considered information provided by the complainant and considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate as the law does not allow us to accept a complaint made by an ‘authority constituted for the purposes of the public service’ which includes Parish Councils.
Investigator's decision on behalf of the Ombudsman