Summary: We will not investigate this complaint about the Council’s alleged failure to view public health as a material planning consideration when considering the installation of telecommunications equipment in the Council’s area. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, I shall call Mr X, complains the Council has:
• neglected public health
• failed in its duty of care
• failed to respond to safety signals sent from the public when risks impact
• failure to consult the public; and
• failed to conduct risk assessments.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X which includes the Council’s responses to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is concerned about the roll out of telecommunications equipment where he lives. He says the Council is failing to consider the impact on public health as a material planning consideration.
6. The Council has little control over the installation of telecommunications equipment. Most equipment does not need planning permission from the Council. The Council can only comment on some aspects of its proposed siting. The Government has issued guidance saying evidence does not show 5G masts etc pose a risk to people’s health.
7. The Council cannot ignore that guidance although Mr X disagrees with the guidance. This means fear about the possible effect on someone’s health would not be a valid reason for the Council to object to installing equipment. So, any investigation by us would be unlikely to find the installation telecommunication equipment in the Council’s area resulted from any fault by the Council.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman