Summary: We cannot investigate this complaint that the Council is not correctly maintaining financial records. This is because the issue affects all or most people in the Council’s area. Also, the District Auditor is in the best position to consider the issue complained about.

The complaint

1. Mr C complains the Council is not correctly maintaining financial records for the provision of services. Mr C says as a council tax payer he has the right to know that the Council is spending public money efficiently and effectively. Mr C would like the Council to record the information correctly to ensure it is getting the best value for money.

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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 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)
4. 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr C’s complaint is about the Council’s handling of its finances and he is concerned the Council could be wasting public money. This affects all council tax payers in the Council’s area. Mr C is not affected by the alleged fault more than any other council tax payer.
8. We cannot investigate something which affects all or most of the people in a council’s area. Most people in the Council’s area pay council tax. So, we cannot investigate Mr C’s complaint.
9. In addition, Mr C may contact the District Auditor about his concerns. The District Auditor is in the best position to consider how the Council is keeping records of its spending. So, even if we could investigate, we would use our discretion not to start an investigation.

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Final decision

10. For the above reasons, we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman