Is the authority within jurisdiction?
Section 25
Section 25 lists the types of authorities within jurisdiction. See examples.
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Local authorities
The definition of local authority is in Section 34. It includes a county council in England, a district council, the Broads Authority, a London borough council, the Common Council of the City of London, or the Council or the Isles of Scilly.
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Any joint board the constituent authorities of which are all local authorities
A joint board should not be confused with a joint committee, as they are fundamentally different. There is no general power to create joint boards. Specific powers are contained in a number of statutes and in each case the rules as to the constitution are stated in the enabling statute. A joint board is a body corporate with perpetual succession and a common seal. Investigators should refer to the order which established the joint board to identify the constituent authorities. A copy of the order should be readily available from the joint board. Investigators will then be able to establish whether or not the constituent authorities are all local authorities, as defined by section 34 of the 1974 Act. If so, then the joint board is within jurisdiction accorded by this sub section. Examples would include joint planning boards and joint boards set up under section 6 of the Public Health Act 1936.
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The Homes and Communities Agency (HCA)
replaced the Urban Regeneration Agency and the Commission for New Towns on 1 December 2008. (These two agencies had been informally linked as English Partnerships). Under Schedule 5 Paragraph 8 complaints about the HCA are in jurisdiction only if they are about “action in connection with functions in relation to town and country planning”. Previously complaints against the CNT were in jurisdiction if they were about “action in connection with functions in relation to housing” but this does not apply to HCA, so any new complaints solely about housing are out of jurisdiction.
Transitional arrangements: The HCA has inherited responsibility for the actions of the URA and the CNT, which took place before 1 December 2008; at least as far as LGO investigations are concerned. The LGO may investigate a complaint about a matter relating to the URA or the CNT which took place on or before 1 December 2008. However, where such an investigation takes place, the investigation shall be conducted as if it was an investigation into the HCA. The Local Government Act 1974 should be applied as if the references to the URA and the CNT had not been removed and references to the URA and the CNT, shall be construed to mean the HCA.
In practice this means that action taken by the CNT before 1 December 2008 in connection with functions in relating to housing remains in jurisdiction.
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Fire authorities and passenger transport authorities
- All fire authorities are within jurisdiction (see a list of these in 'downloads' box).
- Joint Fire Authorities and Passenger Transport Authorities for the Metropolitan Counties are within jurisdiction as a joint authority established by the Local Government Act 1985 Part IV.
- Operational failures of fire authorities are within jurisdiction. Their statutory responsibilities are broad in scope and derive primarily from the Fire Services Act 1947. The responsibilities include providing a fire brigade, training personnel, obtaining information for fire fighting purposes, minimising damage as a result of fire, rescues from road traffic accidents, dealing with spillages of substances and calls to flooding. Fire authorities also have responsibility for enforcing the Fire Precautions Act which covers places where people are employed. Other work is carried out on a goodwill basis such as the inspection of theatres, cinemas etc.
- Many of the direct powers of the Passenger Transport Authorities were removed by the Transport Act 1985. They now set policies and budgets for the public sector transport responsibilities for their area and complaints that relate solely to these functions are within jurisdiction.
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Police authorities
The only actions that can be looked at are those of the authority itself.
- Its main responsibilities are the maintenance of an adequate and efficient police force and to provide adequate buildings, vehicles and equipment. But note a complaint about these matters may be one which affects all or most of the inhabitants of the area.
- Complaints that may be within jurisdiction include such purely administrative acts as land acquisition or disposal and liability as a landlord.
- The Ombudsman is expressly prohibited from investigating complaints about action taken by a police authority in connection with the investigation or prevention of crime. Complainants wishing to complain about such matters should be referred to the relevant police complaints authority.
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The Environment Agency and regional flood defence committees
Complaints about the actions of these bodies in connection with only flood defence and land drainage matters are within jurisdiction. Action by Local Flood Defence Committees is outside jurisdiction unless it is acting under delegated authority from the regional committee. Other Environment Agency functions are within the jurisdiction of the Parliamentary Commissioner for Administration.
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Any person or body of persons acting for the authority under s101 of the Local Government Act 1972
This section authorises the carrying out of council functions by a committee, a sub-committee or an officer of the council or by any other council. It also provides that two or more councils may discharge any of their functions jointly. The councils may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them. Because of the express reference to Joint Committees in section 101(5) of the 1972 Act, the Ombudsman’s finding on the complaint would relate to the joint committee rather than the individual councils.
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Sea fisheries committees
These committees are within jurisdiction as a committee mentioned in s101(9) of the Local Government Act 1972.
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Education appeal panels
EAPs for community, foundation, voluntary aided and voluntary controlled schools are within the Local Government Ombudsman’s jurisdiction (s 20 of the School Standards and Framework Act 1998). The actions of EAPs can be investigated when they are dealing with admissions and exclusions of pupils. Note for complaints against non-council appeal panels the channel of communication will be the clerk to the governing body (but an alternative contact may be used if the school prefers).
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School governors
Governors of schools when acting on admission matters are within jurisdiction (schedule 30, paragraph 4 School Standards and Framework Act 1998). [Not exclusion matters.] Most importantly here, the governing body of a voluntary aided or foundation school is the admissions authority for the school. Beyond this, most actions of governors concern management and internal matters and so are excluded from jurisdiction by schedule 5 of the Act. Investigators should speak to AOs about such complaints.
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Internal drainage boards (IDBs)
IDBs are within jurisdiction. Some IDBs operate under a different title. For example, Drainage Commissions, Drainage Boards, District Drainage Boards and Commissioners. But all are within jurisdiction (list available to LGO staff on Intranet, which includes contact names and the areas they serve). The following information about IDBs is available to staff on the Intranet:
- a guidance note on the work of IDBs, including advice about dealing with IDBs that are partly in England and partly in Wales and those that overlap council boundaries and may involve more than one Ombudsman;
- a letter dated 24 February 2004 from DEFRA to all IDBs in England; and
- the model complaints procedure produced by the LGO for IDBs enclosed with the letter.
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Section 25(7)
makes it clear that action taken by another person on behalf of an authority is treated as being on behalf of the authority. The term “person” would include a body of persons either corporate or unincorporated.
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Note
Parish councils. A complaint against a parish council cannot be investigated. But if a parish council is acting on behalf of a district council in respect of one of its functions then the complaint is within jurisdiction and should be registered as a complaint against the district council. In addition, a complaint about a monitoring officer of an authority within jurisdiction in respect of his/her actions relating to a parish council would also be in jurisdiction.
Area Child Protection Committees, Child Protection Conferences and Adoption Panels are not specifically within jurisdiction. However actions by members of staff of local authorities up to the door of the meeting and when taking part in the debate and decision making are within jurisdiction. The decision whether or not to add a child’s name to the register or to delete a child’s name from the register is taken by the Council on the advice of a CPC or conference. The decision is therefore within jurisdiction. Investigators should speak to AOs about such complaints.
Under Section 29(1) of the Act we can require any person or body to supply information, regardless of whether that body is in jurisdiction.
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Date Updated: 23/06/10