Summary: We cannot investigate this complaint about a charity operating without appropriate insurance. This is because it is not about an administrative function of the Council.

The complaint

1. X complains that the Council has failed to act on reports that a charity is operating in the Council’s area without public liability insurance.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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My assessment

5. I cannot investigate X’s complaint. The Council is not responsible to the running of the charity and has no enforcement powers in regard to public liability insurance. The law prevents us from investigating complaints about matters that are not an administrative function of councils.

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Final decision

6. We cannot investigate X’s complaint because it is not about an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman