Summary: Mr X complained about the Council’s lack of consultation regarding the closure of a community venue. We cannot investigate the complaint because the local group with which Mr X is involved has taken legal action against the Council and so the complaint falls outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complained about the Council’s lack of consultation regarding the closure of a community venue. He wanted the Council to retract its decision and engage with the community and local user groups.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has taken court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. In considering the complaint I spoke to Mr X and reviewed the information he and the Council provided.

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What I found

5. Mr X complained to us about the Council’s failure to consult with the community and local user groups in deciding to close a community venue.
6. In the meantime, the local group Mr X is involved with took legal action to challenge the Council’s position. This has resulted in a court order being made which requires the Council to undertake public consultation before any further decision is taken about the long-term use of the venue.
7. As the group with which Mr X is involved has taken legal action against the Council the complaint falls outside our jurisdiction and cannot be pursued.

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Final decision

8. This complaint will not be investigated because the local group with which Mr X is involved has taken legal action against the Council and so the complaint falls outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman