Summary: We will not investigate Mr X’s complaint about the use of an area of open green space as a car park. This is because it is the Parish Council which owns the land and it is not the Council’s responsibility to enforce private deeds, byelaws and covenants relating to use of the land.

The complaint

1. The complainant, Mr X, complains the Council has allowed his local Parish Council to use an area of open green space for car parking. He says this goes against the deeds, byelaws and covenants relating to the land.

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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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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My assessment

5. The Parish Council owns the land and is responsible for how it is used. While there may be limitations on the use and development of the land under the deeds, byelaws and covenants these are not relevant to the Council as it was not a party to the transfer of the land to the Parish Council.
6. Enforcing the deeds, byelaws and covenants is a private matter and not an administrative function of the Council. We also cannot hold the Council responsible for the actions of the Parish Council as owners of the land.

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Final decision

7. We cannot investigate this complaint. This is because it does not concern an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman