Summary: We cannot investigate the complaint from Mr X, a parish council chairman, about the Council’s role in a developer not providing an equipped playground as part of a planning agreement. The law does not allow us to accept complaints made by authorities constituted for the purposes of public service. This includes parish councils.

The complaint

1. Mr X complains, in his role as a parish council chairman, that the Council has failed to make sure a developer provided an equipped children’s playground as part of a Section 106 agreement.

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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 cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. A Section 106 agreement is an arrangement between developers and local planning authorities through which the developer undertakes to fund or do works in an area where they wish to build. This might be highway and transport service improvements, additional buildings such as GP surgeries or schools, or other facilities for the area’s existing and future residents.
7. Mr X has brought his complaint about the playground in his role as a chairman of a parish council. The law says we cannot investigate complaints made by public authorities constituted for the purposes of providing services for the public good, which includes parish councils.

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Final decision

8. We cannot investigate Mr X’s complaint because he is complaining on behalf of a parish council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman