Summary: We will not investigate this complaint about a review of a Parish Council boundary because the law provides a remedy and there is insufficient injustice to warrant investigation.

The complaint

1. Mr X complains that the Council refuses to review the boundary of his Parish Council.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X argues that the boundary of his local Parish Council needs to be altered. The Council has the right to review Parsh Council boundaries but has refused at this point because there are substantial developments likely to take place in the area and the Council wishes to wait until all new residents are able to give their views.
6. The Council advised that, in accordance with the law, individuals are able to present a petition of 250 to require such a review to take place.
7. Mr X argues that the failure to review the boundary means that he must pay the local Council tax precept of £37 annually.
8. The Ombudsman would not investigate a complaint where the law provides an alternative legal remedy; in this case a petition. Further, the injustice caused to Mr X by the precept is insufficient to warrant investigation in our view.

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Final decision

9. We will not investigate Mr X’s complaint because a legal remedy exists and the injustice claimed is insufficient to warrant investigation.

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Investigator's decision on behalf of the Ombudsman