Summary: We will not investigate this complaint made by a parish council about the Council’s handling of a complaint about dust nuisance from a construction site. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate complaints made by public bodies such as parish councils.

The complaint

1. This complaint about a dust nuisance is made by a parish councillor on behalf of a parish council.

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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.
3. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

4. I considered information provided by the parish council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint because it is made by a parish council which is a public body. Complaints made by public bodies are outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman