Summary: We cannot investigate this complaint about the Council’s decision not to take enforcement action in relation to a planning condition attached to a development in Mr X’s locale. This is because Mr X is complaining as a councillor and not a member of the public so the complaint falls outside our jurisdiction.

The complaint

1. Mr X complains the Council failed to take action to enforce a planning condition attached to a development in the area he acts as a councillor.

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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 can only accept complaints from members of the public who claim to have suffered injustice, or from their authorised representative. This means we cannot accept complaints from councillors complaining on behalf of their council because they are not doing so as a member of the public. (Local Government Act 1974, section 26A, as amended)

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because he is complaining as a councillor and not a member of the public so the complaint falls outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman