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

  1. 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.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. 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.

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What I found

  1. 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.
  2. 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.
  3. 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.
  4. The Ombudsman cannot investigate a criminal matter. It will be for the police to decide what further action should be taken.

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Final decision

  1. 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

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Investigator's decision on behalf of the Ombudsman

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