LGO (Local Government & Social Care Ombudsman) Other

Test Valley Borough Council

22-011-983 · Planning › Enforcement · Decision date: 01 December 2022

Full Decision

The Ombudsman's final decision

Summary: We cannot investigate this complaint about how the Council dealt with a breach of planning control. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate as the complainant is complaining on behalf of a parish council and not as a member of the public.

The complaint

The complainant, whom I shall refer to as Mr X, has complained on behalf of a parish council about how the Council dealt with a breach of planning control and its decision not to take enforcement action.

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 cannot investigate complaints from public bodies. This includes parish councils. (Local Government Act 1974, section 27(1)(a), as amended)

How I considered this complaint

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

Final decision

We cannot investigate Mr X’s complaint because he is complaining on behalf of a parish council. As he is not complaining as a member of the public the complaint is outside our jurisdiction.

Investigator's decision on behalf of the Ombudsman