South Lakeland District Council (20 006 894)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 25 Nov 2020
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s failure to deal with his complaint about the failure of two parish councillors to declare a pecuniary interest over a planning application. The Ombudsman cannot investigate this complaint. This is because the conduct has been referred to the police as a criminal matter and we have no jurisdiction to investigate.
The complaint
- Mr X complained to the Council about the failure of two parish councillors to declare a pecuniary interest in a planning application which the parish council was consulted on.
The Ombudsman’s role and powers
- We cannot investigate a complaint about matters concerning the investigation and prevention of crime. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has commented on a draft copy of my decision.
What I found
- Mr X complained to us because he made a complaint about the conduct of two parish councillors in April 2020 and he had not received a decision from the Council’s Monitoring Officer.
- We made enquiries of the Council and it sent copies of a decision which it sent to the Parish Clerk in October and to Mr X in November. The Monitoring Officer decided that there had been a failure by the councillors to declare a disclosable pecuniary interest in land associated with the plans which the council was discussing.
- The Monitoring Officer is required to notify the police when such issues arise, and he has confirmed that the matter has been referred to Cumbria Constabulary.
- The Ombudsman cannot investigate a criminal matter. It will be for the police to decide what further action should be taken.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the conduct has been referred to the police as a criminal matter and we have no jurisdiction investigate.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman