Summary: Ms X complained about the Council’s failure to respond to directions issued by the Planning Inspectorate requiring it to decide four modification orders submitted by the parish council to which she is the clerk. We cannot investigate this complaint. This is because the complaint is on behalf of a parish council and these bodies are not eligible to make complaints to the Ombudsman.

The complaint

1. Ms X complained about the Council failing to determine modification orders submitted by the parish council which were referred to the Secretary of State due to delay. She says the Council failed to take action required by the Planning inspectorate acting on behalf of the Secretary of state.

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The Ombudsman’s role and powers

2. We cannot investigate complaints from public bodies. This includes parish councils and their employees. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

3. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. Ms X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Ms X is a clerk to a parish council, and she complained that the highway authority had not acted on directions from the Planning Inspectorate on four modification orders submitted by the parish council. The Council says it has received over 90 such directions from the Planning Inspectorate and is working through them as quickly as the process will allow.
5. Ms X acts on behalf of the parish council and this is not an eligible body which can make complaints to the Ombudsman under the terms of the Local Government Act 1974.

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Final decision

6. We cannot investigate this complaint. This is because the complaint is on behalf of a parish council and these bodies are not eligible to make complaints to the Ombudsman.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman