The Ombudsman's final decision
Summary: We will not investigate this complaint about progress of a draft Neighbourhood Plan. The complaint about the membership of the Neighbourhood forum is late as it was designated in 2018. There is no reason to investigate this part of the complaint now. From the information we have seen there is no evidence to suggest the Council failed to follow the statutory process. Further investigation is therefore unlikely to find fault.
The complaint
The complainant, I shall call Mrs B, says the Council progressed a Neighbourhood Plan to a referendum: without making sure it meets the basic conditions without a sewerage and contaminated land policy; and without ensuring it is compatible with Human Rights.
She also complains about the membership of the Neighbourhood Forum.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mrs B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B says the local Neighbourhood Forum is not representative of the people and they did not engage with all residents. Also, many members are also members of the same political party. She says they have used their membership of the East Bolden Neighbourhood Forum (EBNF) to push forward vanity projects.
The Localism Act 2011 introduced powers for ‘qualifying bodies’ including Neighbourhood Forums to prepare neighbourhood plans. A designated neighbourhood forum is allowed to lead the neighbourhood planning process where there is not a town or parish council.
A neighbourhood forum must have at least 21 individuals who either live in the neighbourhood area work there; and/or are elected members for a local authority that includes all or part of the neighbourhood area The Council confirmed the EBNF meets the conditions. The group became the Neighbourhood Forum in 2018 therefore any complaint about its membership is late. I have seen no good reason to exercise discretion and investigate this part of the complaint.
An Independent Examiner examined the draft plan. They confirmed that, with some changes, the draft plan met the basic conditions and should advance to referendum.
Government guidance on neighbourhood planning confirmed the qualifying body, in this case the EBNF, may wish to consider what infrastructure the area needs. It also states the specific planning topics that a neighbourhood plan covers, is for the local community, in this case through the neighbourhood forum, to decide.
Following the approval of the Independent Examiner, the Council conducted a referendum was on the draft Neighbourhood Plan. It says the turnout was 42.3%. Of the votes cast over 95% were in favour of the draft Neighbourhood Development Plan.
Final decision
We will not investigate Mrs B’s complaint because: Concerns about the membership of the Neighbourhood Forum are late as the group was designated in 2018 The rest of the complaint does not meet our assessment criteria. We have seen no evidence to show the Council failed to follow the statutory process for Neighbourhood Plans.
Investigator's decision on behalf of the Ombudsman