Summary: We will not investigate this complaint about the way the Council carried out a public consultation. We have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Ms X complains the Council failed to consult the public and consider the comments received before deciding to approve changing the status of a recreation ground to a site for housing.

Back to top

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 not enough evidence of fault to justify investigating.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Minutes of the relevant Council Cabinet meeting show the Cabinet decided to seek residents’ views of the proposal to change a recreation green space to land suitable for development. Any objections should be presented to the Cabinet for consideration.
6. The Council carried out the consultation. It also sought planning permission for houses on the site, to find out whether the needed housing would be achievable before deciding whether to change the use of the site.
7. The Council received objections and a petition from residents. The Cabinet was advised of the objections and petition at a meeting the following year. The meeting minutes show the Council noted the objections. However, on balance, because of the current use and the availability of alternative recreational areas within walking distance, it decided to proceed with changing the land to a site for housing development.
8. I understand Ms X believes the Council pre-empted the outcome of the consultation by seeking planning permission for the site. However, the Council says it wanted to establish whether housing was viable for the site before moving ahead. This is a decision it is entitled to make.

Back to top

Final decision

9. We will not investigate Ms X’s complaint. I have seen insufficient evidence of fault in the way the Council carried out the Cabinet’s decision to consult the public and return comments to the Cabinet prior to a formal decision to use the recreation ground for housing being made.

Back to top

Investigator's decision on behalf of the Ombudsman