Summary: We will not investigate this complaint about a Parish Council not being involved in a transport consultation. The law does not allow us to investigate complaints made on behalf of a Parish Council.

The complaint

1. A Parish Council clerk complains on behalf of the Parish Council as a corporate body. The Parish Council says the West of England Combined Authority did not properly include the Parish Council in its transport consultation.

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The Ombudsman’s role and powers

2. We can only accept complaints from members of the public who claim to have suffered an injustice, or from their authorised representative. (Local Government Act 1974, section 26A, as amended)
3. The legislation defines a "member of the public" as an individual or body of persons but excludes local authorities and other authorities or bodies constituted for the purposes of public service or local government. As parish councils are bodies constituted for local government purposes, we cannot treat them as members of the public for the purposes of bringing a complaint to us. (Local Government Act 1974, section 27(1), as amended)

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How I considered this complaint

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

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My assessment

6. This complaint comes from the Parish Council itself rather than an individual member of the public. As the Parish Council is a body constituted for local government purposes, the law prevents us from investigating the complaint.

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Final decision

7. We will not investigate this complaint because the law does not allow us to do so.

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Investigator's decision on behalf of the Ombudsman