Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about the sale of a property and a planning application. This is because some of the issues complained about do not relate to an administrative function of the Council. It is unlikely we would find fault with the remaining issues complained about.

The complaint

1. Ms X has complained about the conduct of a member of Council staff. She says the sale of the staff member’s home to a care provider used by the Council was a conflict of interest. Ms X is concerned about the impact the use of the property as a care home will have.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X has complained about the sale of a staff member’s property. However, the actions complained about do not relate to an administrative function of the Council as the staff member was not acting in their Council role when they decided to sell their home. The Ombudsman cannot investigate complaints about actions which are not the administrative function of the Council.
8. Ms X is concerned about the use of the property as a care home. But Ms X commented on the planning application to change the use of the site and her concerns were considered before the Council granted planning permission. As the Council properly considered the acceptability of the proposal, including the impact on the area and neighbouring properties, it is unlikely I would find fault.

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Final decision

9. We will not investigate Ms X’s complaint because some of the issues complained about do not relate to an administrative function of the Council. It is unlikely we will find fault by the Council in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman