Summary: We will not investigate this complaint about the decision to approve a planning application for a new school. This is because we cannot investigate complaints from bodies constituted for public service, or from people not complaining as members of the public.

The complaint

1. Miss X is the Headteacher of a school. Miss X complained about the Council’s decision to approve a planning application for a new school. Miss X complained about out of date and incorrect information being presented to the Planning Committee. Miss X said the Committee ignored material planning considerations and she questioned the impartiality of elected members. Miss X said the decision would have an impact on existing schools and their students.

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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 complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X is the Headteacher of a school. These are bodies constituted for public service. The Ombudsman cannot by law investigate complaints from such bodies.
8. The Ombudsman investigates complaints brought by members of the public or their appointed representatives. Miss X’s complaint is made as the school’s Headteacher. It is not therefore a complaint we can investigate. Also, there is no significant personal injustice to Miss X as a member of the public. So, even if Miss X did not complain as the school’s Headteacher, her complaint is not one we would investigate.

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Final decision

9. The Ombudsman cannot investigate this complaint. This is because we cannot investigate complaints from bodies constituted for public service, or from people not complaining as members of the public.

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Investigator's decision on behalf of the Ombudsman