Winchester City Council (20 002 269)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 17 Aug 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Ms G’s complaint as Clerk to a parish council about the poor standard of children’s play equipment installed by the Council. This is because the law prevents us from investigating complaints made by a body constituted for the purposes of public service, which includes parish councils.
The complaint
- Ms G says some children’s play equipment installed by the Council was of poor quality and valued lower than was set out in a legal agreement relevant to the matter.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- I have considered what Ms G said in her complaint.
What I found
- Ms G complains on behalf of a parish council about the cost discrepancy and poor standard of children’s play equipment installed by the Council.
- The parish council is a public body and the Ombudsman has no jurisdiction by law to investigate a complaint made by such a body.
Final decision
- The Ombudsman cannot investigate Ms G’s complaint. This is because the law prevents us from investigating matters made by a body constituted for the purposes of the public service, including parish councils.
Investigator's decision on behalf of the Ombudsman