Slough Borough Council (21 008 092)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 27 Sep 2021
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate this complaint about the increased precept demand authorised by the Parish Council. This is because we have no legal power to investigate complaints about Parish Councils.
The complaint
- The complainant, who I will refer to as Mr X, is making a complaint about an increased precept demand authorised by his Parish Council. Mr X says that the increase has not been properly authorised by the Parish Council and believes that this amount should be refunded.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Parish Councils. (Local Government Act 1974, sections 25 and 34(1), as amended).
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
- The complainant had an opportunity to comment on my draft decision.
My assessment
- We cannot investigate a complaint against a Parish Council as this is not a body which falls under the Ombudsman’s jurisdiction.
- The Parish Council has responsibility to ensure the correct authorisations had been made to vary the precept. It is not the role of the District Council to undertake a due diligence exercise for each precepting authority, nor is there any legal or procedural requirement for it to do so.
Final decision
- We cannot investigate this complaint. This is because the complaint is outside of our jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman