Wychavon District Council (20 002 227)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 17 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr T’s complaint about the Council’s failure to properly conduct a Community Trigger Process. This is because the law prevents us from investigating complaints made by a body constituted for the purposes of the public service, which includes Parish Councils.
The complaint
- Mr T says there was a maladministration by the Council because of its failure to conduct an anti-social behaviour Community Trigger Process.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- I have considered what Mr T said in his complaint.
What I found
- Mr T complains on behalf of the Parish Council about the Council’s failure to conduct an anti-social behaviour Community Trigger Process.
- The Parish Council is a public body and the Ombudsman has no jurisdiction by law to investigate a complaint made by such a body.
Final decision
- The Ombudsman cannot investigate Mr T’s complaint because the law prevents us from investigating matters made by a body constituted for the purposes of the public service, including Parish Councils.
Investigator's decision on behalf of the Ombudsman