The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council’s management of its finances because this affects all or most of the people in the Council’s area. An investigation solely into the Council’s handling of Mr B’s complaint is not justified.
The complaint
Mr B complains the Council is not properly monitoring and controlling spending on staff and is wasting public money. Mr B also says the Council has not responded to his complaint about this.
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 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)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s management of its finances. We cannot investigate complaints about how councils manage and spend public money. This is because the issue complained about affects all council tax payers in a council’s area, which is most residents. We cannot investigate a complaint about something which affects all or most of the people in a council’s area. This means we cannot investigate Mr B’s complaint and have no discretion to start an investigation.
Mr B also complains the Council has not responded to his complaint about this issue. But, it is not a good use of public resources to investigate complaints about complaint procedures if, as with this complaint, we are unable to deal with the substantive issue. So, an investigation solely into the Council’s handling of Mr B’s complaint is not justified.
Final decision
We cannot investigate Mr B’s complaint about the Council’s management of its finances because this affects all or most of the people in the Council’s area. An investigation solely into the Council’s handling of Mr B’s complaint is not justified.
Investigator's decision on behalf of the Ombudsman