East Northamptonshire Council (20 005 714)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 05 Nov 2020
The Ombudsman's final decision:
Summary: Mr X complains about matters relating to the Council’s Local Plan and the Neighbourhood Plan. The Ombudsman cannot investigate the complaint because Mr X has complained on behalf of a town council and by law we cannot investigate complaints from public bodies.
The complaint
- The complainant, who I refer to as Mr X, complains about matters concerning the Council’s Local Plan and the Neighbourhood Plan in connection with housing development in the local area which he represents as a town councillor. He says while permission for the housing developments concerned cannot be reversed, he seeks a formal apology and a commitment to support the town council in the future.
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
- In considering the complaint I reviewed the information provided by Mr X and gave him the opportunity to comment on my draft decision.
What I found
- Mr X is a town councillor. He made a complaint to the Council on behalf of the town council about the Council’s handling of matters relating to housing development in the town council’s area and about the Local and Neighbourhood Plans.
- Unhappy with the response he received, Mr X complained to the Ombudsman.
Assessment
- The restriction highlighted at paragraph 3 applies to the complaint Mr X has submitted. A complaint to us can only be made by a member of the public. He has complained on behalf of the town council in his role as a councillor and so the complaint falls outside our jurisdiction and cannot be pursued.
Final decision
- The Ombudsman cannot investigate this complaint. This is because Mr X has complained on behalf of a town council and by law we cannot investigate complaints from public bodies.
Investigator's decision on behalf of the Ombudsman