The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged misuse of public funds as such complaints are not within our remit.
The complaint
Mr X complains public funds are being wrongly used to pay for repairs at Council tenancies which the tenants themselves are responsible for. Mr X says he is affected as a council taxpayer. Mr X also complains the Council has not responded to the complaint he has made about this.
The Ombudsman’s role and powers
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
While I appreciate Mr X’s concerns, we cannot investigate complaints which impact on all or most of the people in the Council’s area. How public funds are spent is such an issue. We also cannot investigate how the Council dealt with Mr X’s complaint about this, for the reason given in paragraph three.
Final decision
We cannot investigate Mr X’s complaint because it affects all or most of the people in the Council’s area.
Investigator's decision on behalf of the Ombudsman