Summary: We cannot investigate this complaint about the Council’s response as consultee on a planning application. This is because the complainant is complaining on behalf of a board of school governors, of which he is the Chair. He is therefore not complaining as a member of the public which takes the complaint outside the Ombudsman’s jurisdiction.

The complaint

1. Mr X, who is the Chair of a board of school governors, complains the Council failed to fulfil its role as a statutory consultee for a planning application. He says it failed to consider the safety implications for pedestrians including secondary school children walking to and from school passing a proposed development.

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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 or school governors complaining about something relating to their position on a public body. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

4. I considered information provided by the Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate this complaint. This is because Mr X is complaining in his role a chair of a board of school governors, which is a public body. Legally, the Ombudsman cannot consider complaints from members of public bodies.

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Final decision

7. We will not investigate Mr X’s complaint because he is complaining on behalf of a public body. Such complaints are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman