The Ombudsman's final decision
Summary: We will not investigate this complaint about Council spending on a footpath as this impacts all or most of the people in the Council area and is not therefore within our legal remit.
The complaint
Mr X complains about Council spending on a footpath and future maintenance costs and about illegal parking outside a food outlet. Mr X says he has not received a meaningful response from the Council about these concerns.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as town councils. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The spending of public money by the Council impacts all or most of the people in the Council area and as per paragraph two is not something we can investigate. Mr X can raise his concern with the Council's independent auditor.
While Mr X has concerns about illegal parking, there is insufficient evidence of him being caused significant harm or loss from this to justify our further involvement.
For these reasons we will not investigate.
Mr X also refers to the involvement of his town council in these matters. As per paragraph four, we cannot investigate the actions of town councils as these are not bodies within our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because Council spending is not something we can look into and Mr X is not caused a significant injustice from the parking issues he reports.
Investigator's decision on behalf of the Ombudsman