Summary: Mr X complains about the Council’s handling of his complaint about the operation of a town council. The Ombudsman cannot investigate as these matters are outside his legal remit.

The complaint

1. Mr X complains about the Council’s handling of his complaint about the operation of a town council.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as town councils (Local Government Act 1974, sections 25 and 34A, as amended)
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I have considered what Mr X said in his complaint. I have considered comments Mr X made after I had sent him my decision on the complaint to compile this amended final decision. x

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What I found

6. Mr X has raised several concerns with the Borough Council about how a town council is being run. Mr X complains about the Borough Council’s decision not to conduct a review of the town council.

Analysis

7. We have no legal remit to investigate the actions of town councils or any associated complaints.
8. We cannot therefore investigate either the town council or the Borough Council’s response to Mr X’s complaint about the town council.

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Final decision

9. My decision is that the Ombudsman cannot investigate this complaint. The substantive matter is outside his legal remit and he cannot therefore investigate any associated complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman