Cornwall Council (21 006 173)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 13 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the actions of a local councillor as they were not performing the administrative functions of the Council when dealing with Mr X.
The complaint
- Mr X complains a local councillor provided misleading information about visiting land subject to a planning application. Mr X says the councillor’s statement influenced the decision to grant planning permission for the development taken by the Council’s planning officers.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The local councillor was dealing with Mr X in their role as a local ward member. The local councillor was not performing an administrative function of the Council. Therefore, we cannot investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because it is not about the administrative functions of the Council.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman