Summary: We cannot investigate this complaint about the way the Council consulted on a proposed supplementary planning document. The complaint is made by a parish council, and the law prevents us from investigating complaints from public bodies like this.

The complaint

1. The complainant, a parish council, says the Borough Council failed to conduct a lawful and appropriate consultation on a proposed Supplementary Planning Document (SPD).

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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, which include parish councils. (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 the Parish Council and the Borough Council, which included their complaint correspondence.
• information about the SPD, as available on the Borough Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

5. The restriction detailed in paragraph 3 above applies to this complaint, so we cannot investigate.

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Final decision

6. We will not investigate this complaint because the Ombudsman has no power to investigate complaints made by public bodies, including parish councils.

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Investigator's decision on behalf of the Ombudsman