Summary: Mr X complained about the Council requiring reports about breaches of planning control to be made using its online form. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of injustice to Mr X caused by any fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complained about the Council requiring him to complete an online form to report a suspected breach of planning conditions. He says such a requirement is discriminatory and may deter members of the public without access to technology from reporting breaches.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X emailed the Council in 2019 about a breach of planning conditions which he says has taken pace at a nearby development. The Council rejected his report and asked him to complete its online form for reporting planning breaches. He considers that this is pedantic and restrictive and could deter member so the public who lack technology from carrying out an important planning function. He subsequently had his emailed report accepted by the Council following his formal complaint.
5. The Council introduced the policy in 2016 when the planning committee approved the introduction of a new enforcement policy which included this restriction. The Local Government Ombudsman is obliged by law to consider not only any fault which a complainant has alleged, but also the injustice caused to them as a direct consequence of that failure.

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Final decision

6. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of injustice to Mr X caused by any fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman