The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council as trustees of a charity. The Charity Commission is better placed to consider the matter complained of.
The complaint
Mr X said the Council has failed to discharge with reasonable competence its obligation as a trustee of a charity to transfer its trusteeship within a reasonable period to a community group.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X acts on behalf of a group of persons with a specific interest in heritage. The group approached the Charity Commission about the Council’s actions in respect of two properties. The Charity Commission decided the Council’s plan to transfer its trusteeship to a community group was a suitable way to resolve the matter before it. Mr X says the Council has failed to do so within a reasonable period.
Final decision
We will not investigate Mr X’s complaint because the Charity Commission is better placed to consider the matter of delay in implementing the action agreed. It would be reasonable for Mr X to take the matter back to the Charity Commission.
Investigator's decision on behalf of the Ombudsman