Salford City Council (21 005 384)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 02 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the conduct of councillors and council officers in relation to a planning matter. This is because the complainant does not complain as a member of the public and because the matter is subject to legal proceedings.
The complaint
- The complainant, who I will call Mr C, complains about the conduct of councillors and council officers in relation to a planning application made in the ward of which Mr C served as a councillor.
The Ombudsman’s role and powers
- 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. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2019, whilst Mr C was serving as a councillor, he complained to the Council about the conduct of councillors and council officers, in relation to a planning application in his ward.
- I cannot investigate Mr C’s complaint. We only accept complaints from members of the public. At the time of his complaint Mr C was a councillor and his complaint arose from and concerned that role. He therefore does not complaint as a member of the public and we therefore have no legal remit to investigate.
- Furthermore, the matter Mr C complains about is subject to ongoing court proceedings. The Ombudsman cannot investigate any matter that is subject to court proceedings.
Final decision
- We will not investigate Mr’s complaint because he does not complain as a member of the public and because the matter he complains about is subject to ongoing court proceedings.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman