Summary: We will not investigate the Council’s handling of Ms X’s complaints to the Council about a parish council. This is because there is not enough evidence of fault by the Council.

The complaint

1. In short, Ms X complains the Council has not helped her with concerns about a parish council. Ms X says this is evidence of discrimination.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The Council has written to Ms X. It advised Ms X that complaints about employees of the parish council fall outside of its remit. It advised Ms X to go through the parish council’s own processes. And for more advice, it provided her with a hyperlink to the website of the National Association of Local Councils.
5. We will not investigate. Parish councils are separate legal bodies from Borough Councils and are responsible for their own governance. While the Borough Council’s Monitoring Officer can investigate complaints about parish council councillors - under the Localism Act - this power does not extend to other complaints about the parish council.

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Final decision

6. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman