West Lancashire Borough Council (19 009 126)
The Ombudsman's final decision:
Summary: Mr B complains about the Council’s reporting of Community Levy Infrastructure (CIL) payments. The Ombudsman cannot not investigate the complaint because the injustice claimed by Mr B affects all or most of the people in the Council’s area as so falls outside our jurisdiction.
The complaint
- The complainant, who I refer to as Mr B, says the Council should change the way it reports CIL payments to prevent the possibility of fraud at parish council level.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- In considering the complaint I reviewed the information provided by Mr B. I gave Mr B the opportunity to comment on my draft decision and considered what he said.
What I found
- Mr B complained to the Council about the way it reported CIL payments and his concerns that the system could be used to perpetrate fraud. He suggested a change to the payment date of receipts.
- The Council responded to explain its approach to the matter and its reasons for not amending its procedures in the way Mr B had suggested. It further advised that parish councils, with which Mr B was concerned, are required to inform the Council on an annual basis as to how CIL monies have been spent and that the Council can reclaim any money that has not been spent.
Assessment
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The restriction highlighted at paragraph 2 applies to Mr B’s complaint. He acknowledges that he does not have a personal injustice but says that any potential financial failure will, as a tax-paying resident of the borough, cause him injustice. However, this can be said of all tax payers in the area and so the complaint falls outside our jurisdiction and cannot be investigated.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the injustice claimed by Mr B affects all or most of the people in the Council’s area as so falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman