Summary: We will not investigate this complaint about the Council’s actions regarding trees in an area identified for possible development. This is because Mr X is complaining in his capacity as a local councillor.

The complaint

1. Mr X complains the Council has failed to protect trees in an area where future development is planned. Mr X says the potential loss of trees will impact on the character and ecology of the area.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is a local councillor. He is complaining in his capacity as a councillor and so we cannot investigate this complaint.

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Final decision

7. We will not investigate Mr X’s complaint because he is complaining in his role as a local councillor.

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Investigator's decision on behalf of the Ombudsman