Summary: We will not investigate this complaint about comments made by a parish councillor as there is insufficient evidence of fault by the District Council. We cannot investigate the actions of a parish council as it is not a body within our remit.

The complaint

1. Mrs X complained a parish councillor spoke to her disrespectfully when she asked that the parish council cut back overgrown hedges that were blocking access to a footpath. Mrs X wants the parish council to keep the footpath clear and for councillors to speak to her respectfully.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We investigate complaints about councils and certain other bodies though we cannot investigate the actions of parish councils (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The District Council is responsible for considering conduct complaints about parish councillors within its area. It considered Mrs X’s case but decided there had been no breach of the code of conduct for councillors. It therefore took no further action.
8. I have checked the Council’s complaint response to Mrs X and its procedure for dealing with councillor conduct complaints and have not seen an indication of possible fault by the Council. There are not grounds therefore for us to investigate, nor can we be critical of the Council’s decision on the complaint.
9. We cannot investigate the parish council’s actions in respect of it cutting back vegetation on its land. This is because parish councils are not within our jurisdiction.
10. For these reasons, we will not investigate.

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Final decision

11. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the District Council in how it considered her conduct complaint, and we cannot investigate the parish council in respect of land maintenance.

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Investigator's decision on behalf of the Ombudsman