The Ombudsman's final decision
Summary: Mrs R has complained to the County Council in relation to a breach of planning conditions. Further, Mrs R is not satisfied with the way the original planning application was determined by the County Council. However, we consider Mrs R is complaining on behalf of her Parish Council and its elected Councillors. We have no jurisdiction to investigate in these circumstances. Mrs R can complain to the County Council in her own right and with reference to any injustice she has suffered. However, we do not consider that Mrs R has done this and the complaint to the Ombudsman is therefore premature. We have therefore discontinued our investigation.
The complaint
The complainant, who I refer to as Mrs R, is making a complaint in relation to a planning application which was determined by the County Council in May 2018. The application relates to the operation of an airfield and was to vary the planning conditions attached to the activities there. Mrs R also says there has been a breach of planning conditions. In summary, Mrs R alleges the following: The County Council failed to correctly manage the planning application to vary the conditions imposed on the airfield’s activities.
The County Council failed to ensure that the conditions imposed in this application are being adhered to.
The County Council failed to respond to formal complaints and concerns in respect of (a) and (b).
Mrs R says the airfield is operating in a way which is resulting in a loss of residential amenity. As a desired outcome, she wants the Council to investigate the issues raised and ensure compliance with planning law. She also wants the airfield to adhere to the conditions imposed by the 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).
The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I have read Mrs R’s complaint to the Ombudsman and County Council. I also had regard to the responses of the Council, supporting documents and applicable legislation and policy. I invited both Mrs R and the County Council to comment on a draft of my decision. Each of their comments were fully considered before a final decision is made.
My findings
Brief overview of relevant events In April 2021, Mrs R made a complaint to the County Council on behalf of over 50 residents in her local area. The complaint concerned the matters raised above.
Around this time, Mrs R was also writing to the County Council in her capacity has clerk of the Parish Council and in relation to the same issues. The complaint was, in effect, on behalf of the Parish Council and its Councillors.
My assessment
Importantly, Mrs R is the clerk of a Parish Council. The County Council retains jurisdiction for planning matters. I have reviewed Mrs R’s correspondence to the County Council in relation to the planning issues she is complaining about. These were sent from Mrs R’s Parish Council email address and she makes clear and direct reference to discussions within the Parish Council, including among Councillors, to inform the complaint. For example, Mrs R has complained to the County Council following Parish Council meetings on the subject of the complaint. Further, Mrs R says Councillors of the Parish Council have expressed their disappointment in relation to the outstanding issues which inform the complaint. She adds the Councillors feel that not enough is being done by the County Council to address the planning matters.
In my view, Mrs R’s complaint to the County Council is being made in her capacity as a clerk of the Parish Council, and not as a private citizen who claims to have suffered serious loss, harm or distress in her own right. She has explicitly asked the County Council to report back to the Parish Council in relation to her complaint subjects. I consider the complaint to the County Council has been submitted for and on behalf of the Parish Council and its Councillors who have made their opinions and grievances well known. By law, I cannot investigate a complaint made on behalf of elected officials, including councillors. The restriction I outline a Paragraph 5 applies and I have no legal jurisdiction in this regard.
I can however consider a complaint made directly by Mrs R to the County Council in her capacity as a private citizen. However, in all the circumstances, I do not consider this is what has happened. I am not satisfied that Mrs R has particularised any specific injustice to her personally by reason of any fault. Further, in her complaint to the County Council, Mrs R makes her complaint on behalf of over 50 individuals and only references an injustice to the local community. Reference is also made to the injustice suffered by other residents. Separately, Mrs R also states the Councillors of the Parish Council have been directly involved in both stages one and two of the County Council’s complaints policy and procedure. This calls into question our jurisdiction further.
I am only required to accept a complaint where the complainant has defined a specific injustice to them personally. This means that Mrs R must show a causal link between the County Council’s alleged fault and her personally suffering serious loss, harm or distress. In my view, Mrs R has not presented her complaint to the County Council in this way. The County Council has therefore not been given an opportunity to investigate any injustice to Mrs R specifically.
In light of the above, I consider Mrs R’s complaint to the Ombudsman is premature. The law says I cannot normally investigate a complaint unless we are satisfied the body has been afforded a reasonable opportunity to investigate (see Paragraph 6). As said, I am not satisfied the County Council has been given the opportunity to consider Mrs R’s complaint in relation to any injustice to her personally. My view is the County Council has been presented a complaint by the Parish Council and other residents. We have no jurisdiction in these circumstances. For these reasons, I am discontinuing my investigation.
Final decision
I have discontinued my investigation. This is because I am not satisfied the County Council has been afforded a reasonable opportunity to investigate Mrs R’s complaint with specific regard to any injustice she has suffered. The complaint to the Council, as it stands, has been made for and on behalf of the Parish Council and its Councillors. I have no jurisdiction to investigate in this regard.
Investigator's decision on behalf of the Ombudsman