Summary: We will not investigate this complaint that the Council is not carrying out necessary checks in relation to a section 106 planning agreement as there is insufficient injustice caused to the complainant to justify our further involvement.

The complaint

1. Mrs X complained a parish council’s proposed planning application does not meet the terms of funding secured under a section 106 (S106) planning agreement. Mrs X complained the Council has not shown concern about this or carried out required checks and balances regarding the S106 money. Mrs X is concerned she and other residents may have to meet additional costs for the project.

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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 any injustice is not significant enough to justify our involvement (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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. While I recognise Mrs X’s concerns, she is not caused any significant personal loss or harm from the matters she complains about, at this time. Mrs X’s concerns are speculative currently and do not form grounds to justify our further involvement. For this reason, we will not investigate.

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Final decision

6. We will not investigate Mrs X’s complaint because she has not personally suffered a significant loss or harm as a result of the complaint.
7.  

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Investigator's decision on behalf of the Ombudsman