Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant is not complaining as a member of the public.

The complaint

1. The complainant, whom I shall refer to as Ms X, is a local councillor. She has complained as a councillor on behalf of local residents about how the Council has dealt with an unauthorised development. Ms X says the development is out of character with the area and should be reduced in size.

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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 can only accept complaints 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. Ms X has complained about how the Council has dealt with a breach of planning control and the impact the unauthorised development has on residents in the area where she is a councillor.
6. However, Ms X’s complaint arises from her role as a councillor. As she is not complaining as a member of the public the complaint is outside our jurisdiction.

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Final decision

7. We will not investigate Ms X’s complaint because she is not complaining as a member of the public and therefore the complaint is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman