Examples: Can the complainant complain?

Members of the authority complained about

A district councillor complains that alterations to the local road system in her ward had turned a quiet residential road into a busy “rat run”. Although the councillor lived close to the road, she did not live on it and suffered little injustice as a result of the alterations, so could not complain on a personal basis. But several residents along the road had complained to her in her capacity as councillor, and she was able to obtain their agreement that she should complain on their behalf.

A number of complaints were made about the planned closure of a local authority school. Amongst the complainants were parents (who were able to complain) teachers about to lose their jobs (who were unable to complain – see s26(8) and Schedule 5.4 – personnel matters) the head teacher who would be moved to another post within the authority but who objected to the closure (an employee of the authority and so unable to complain under this provision) and the local councillor, who had received complaints from many parents. Her complaint was accepted on behalf of those parents who had complained direct to her.

Complaints made by parish councillors which were not accepted for investigation:

• About the way in which the local planning authority had considered the objections of the parish council to a planning application
• About the relative way in which the district council’s standards committee had dealt with an allegation of misconduct by the complainant and one other parish councillor
• That the council had not consulted with a town council on an issue where consultation was not a statutory requirement
   

Date Updated: 29/06/10