Scarborough Borough Council (21 013 073)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 11 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a planning committee meeting held by the Borough Council. This is because the complainant does not complain as a member of the public, because she is complaining on behalf of the Parish Council.
The complaint
- The complainant, who I will call Ms X, is the chair of a Parish Council. She is being represented by Cllr Z, who is a Councillor on the same Parish Council. Ms X complains on behalf of the Parish Council, about a planning committee meeting held by the Borough Council.
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 can only accept complaint from members of the public or their authorised representatives. This means we cannot accept complaints from councillors complaining about something relating to their position as a councillor. (Local Government Act 1974, section 26A, as amended)
- We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I cannot investigate Ms X’s complaint. This is because we can only accept complaints from members of the public or their authorised representatives. Ms X is not raising her complaint as a member of the public, instead she is doing so on behalf of the Parish Council, which is a public body.
Final decision
- We will not investigate Ms X’s complaint because she does not complain as a member of the public.
Investigator's decision on behalf of the Ombudsman