Summary: We will not investigate this complaint about the Council’s decision not to take legal action against a town council or investigate her complaint about the town council’s actions. We consider there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mrs X complains the Council refuses to lake legal action or investigate her complaint that a town council falsified information submitted with its neighbourhood plan documents for independent examination in 2017.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. All the issues Mrs X raised with the Council occurred more than a year ago and most date back more than five years.
6. It is for the Council to decide whether it should take legal action for any reason. A judicial review can only be sought against a decision made a public body. In this case the town council has not finalised its neighbourhood plan.
7. I understand Mrs X is concerned about the actions of the town council. However, this is a public body in its own right and the Council is not responsible for the Town Council’s actions.

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Final decision

8. We will not investigate Mrs X’s complaint because we do not consider that an investigation would achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman