Summary: We cannot investigate this complaint that the Council has not responded to a complaint about a town council. We cannot investigate how the Council has responded as the substantive matter is not within our legal remit.

The complaint

1. Ms X complained to the Council about a town council’s procedure for dealing with complaints, which she says is unclear and not up to date.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as town councils (Local Government Act 1974, sections 25 and 34A, as amended)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X’s complaint to the Council is about a town council. We have no legal remit to investigate town councils, nor can we investigate how the Council has responded to Ms X’s complaint about this matter.

Back to top

Final decision

7. We cannot investigate as Ms X’s substantive complaint is not within our remit and so we cannot investigate how the Council has responded.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman