Summary: We cannot investigate Mrs X’s complaint about the Council deciding not to reinstall a speed hump. Mrs X has brought the complaint on behalf of a parish council, which is a public body created for purposes of public service and local government. We cannot investigate because the law prevents us investigating complaints made by public bodies.

The complaint

1. Mrs X complains on behalf of a local Parish Council that the County Council has refused to reinstall a road speed hump after roadworks reduced its height. Mrs X says the speed hump’s location is less safe. She says the Council is denying the residents of the area the speed hump previously considered necessary to reduce traffic speeds. Mrs X wants the Council to reinstall the speed hump.

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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 complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

4. I considered information from Mrs X and the Ombudsman’s Assessment Code.

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My assessment

5. We investigate complaints from members of the public. Mrs X’s complaint to us follows on from one to the Council made by the parish council for which she works. Mrs X says she is representing the parish council in making the complaint to us, so is not complaining as a member of the public. By law, we cannot investigate a complaint from a parish council because it is a public body constituted for the purposes of public service and local government. Section 27(1)(a) as amended of the 1974 Local Government Act means we have no jurisdiction to investigate Mrs X’s complaint, so cannot do so.

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Final decision

6. We cannot investigate Mr X’s complaint because the law prevents us investigating complaints made by public bodies, which includes parish councils.

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Investigator's decision on behalf of the Ombudsman