Summary: We cannot investigate Miss C’s complaint about the Council’s approach to air pollution. This is because Miss C does not complain as a member of the public because she is complaining on behalf of a parish council.

The complaint

1. Miss C is a Clerk to a parish council. She complains on behalf of the Parish Council about Dorset Council’s approach to air pollution.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We can only accept complaints from members of the public or their authorised representatives. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

3. I have considered Miss C’s complaint. I have invited Miss C to comment on a draft version of this decision.

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What I found

4. I cannot investigate Miss C’s complaint, because we can only accept complaints from members of the public or their authorised representatives.
5. Miss C is not a member of the public because she is complaining on behalf of a parish council.

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Final decision

6. We cannot investigate this complaint. This is because she is not a member of the public because she is complaining on behalf of a parish council.

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Investigator's decision on behalf of the Ombudsman