Hinckley & Bosworth Borough Council (20 009 105)
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint, made on behalf of a Parish Council, about the Borough Council’s consideration of and decision on a planning application. We cannot investigate complaints made by public bodies such as parish councils.
The complaint
- Mrs X works for a Parish Council. That Council made representations to the Borough Council on a planning matter, objecting to an application. The Borough Council granted the planning permission.
- Mrs X complains:
- the Borough Council granted the permission on inaccurate, misleading information;
- a Borough Council planning officer made an unwarranted intervention just before the planning committee Members voted on the application, which caused confusion and wariness in Members.
- If possible, Mrs X and the Parish Council want the Borough Council to reverse its planning decision. They also want the Borough Council to review its planning committee procedures so similar incidents do not happen again.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- As part of my assessment I have:
- considered the complaint and the documents provided by Mrs X;
- issued a draft decision, inviting Mrs X to reply, and considered her response.
What I found
- Mrs X makes her complaint to us about the planning process on behalf of the Parish Council, in her official role within that Council. The Parish Council is a public body, constituted for purposes of public service and local governance.
- Section 27(1)(a), as amended, of the Local Government Act 1974 prevents us investigating complaints from public bodies. This limitation on our jurisdiction means we cannot investigate this complaint.
Final decision
- We cannot investigate this complaint. This is because:
- the complaint is made on behalf of a public body, the Parish Council; and
- we cannot investigate complaints from public bodies.
Investigator's decision on behalf of the Ombudsman