Folkestone & Hythe District Council (19 001 427)

Category : Planning > Other

Decision : Closed after initial enquiries

Decision date : 12 Jun 2019

The Ombudsman's final decision:

Summary: Ms X complains about the Council’s decision to fund a development. The Ombudsman will not investigate this complaint because the Council’s funding affects all or most of the residents of the area.

The complaint

  1. Ms X complains about the Council’s decision to fund a development.

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The Ombudsman’s role and powers

  1. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
  2. 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))

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How I considered this complaint

  1. I have considered the complainant's comments and the Council's comments and Ms X has had an opportunity to comment on the draft decision.

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What I found

  1. Ms X argues that the Council’s Overview and Scrutiny wrongly excluded members of the public for a meeting where the proposed development was discussed.
  2. Any decision by the Council to fund development affects all residents of an area as it will have an impact on council tax bills. The Ombudsman cannot therefore investigate such a complaint. The decision to exclude relates to a matter which is out of jurisdiction and the courts have held that we cannot investigate such related complaints.

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Final decision

  1. The Ombudsman will not investigate this complaint. This is because the matter affects all or most of the people of the area.
     

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Investigator's decision on behalf of the Ombudsman

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