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

  1. 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.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.

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Final decision

  1. 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

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Investigator's decision on behalf of the Ombudsman

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