The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s handling of a planning application. This is because Mr X has complained as a parish councillor and the injustice he claims is to the parish council rather than to him as a member of the public. The law says we cannot investigate complaints from public bodies such as parish councils.
The complaint
Mr X complains the Council’s planning officer failed to invite the parish council to a planning meeting to discuss an application it had objected to. He also complains the Council failed to take into account the parish council’s written objections. He says this has left the parish council with no options other than to pursue a Judicial Review.
Mr X says the planning officer has shown gross incompetence and the Council should take disciplinary action against them.
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 complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
From the information I have seen I am satisfied Mr X has made his complaint on behalf of a parish council, which is considered a public body. Therefore, the restriction in paragraph 4 applies.
Final decision
We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints from public bodies.
Investigator's decision on behalf of the Ombudsman