Summary: We cannot investigate this complaint about the Parish Council’s actions. This is because the law says complaints about Parish Councils are outside our jurisdiction.

The complaint

1. Miss X complained to the Council that her Parish Council did not allow her to help with maintenance of flower beds and verges. Miss X stated that this had a negative impact upon her mental health. Miss X would like the Council to oversee the Parish Council’s consideration of her complaint, and to be able to work on the verges and flowerbeds once more.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Parish Councils. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X contacted the Council in autumn 2024 about a complaint she had with her Parish Council. She stated the Parish Council had prevented her from helping to cultivate verges and flower beds within the parish area.
8. The Council told Miss X that it could not investigate complaints against Parish Councils, it could only consider complaints about Parish Councillor conduct.
9. The Council provided Miss X with information on how she could get a license to cultivate on verges and flower beds.
10. We cannot investigate Miss X’s complaint the Parish Council will not allow her to maintain the flowerbeds and verges. That is because the law says we cannot investigate Parish Councils.
11. The Council provided an explanation to Miss X about why it could not consider her complaint against the Parish Council. It also provided Miss X with advice about how she could get permission to cultivate verges and flower beds. We will not investigate this part of the complaint because there is insufficient evidence of fault.

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Final decision

12. We cannot investigate Miss X’s complaint because we cannot investigate the actions of a Parish Council. In addition, there is insufficient evidence of fault to warrant an investigation of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman