Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s planning applications or its decision to take enforcement action. This is because the complainant had the right to appeal to the Planning Inspectorate.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how she has been treated by the Council’s planning and enforcement officers. Mrs X says she complied with all the officer’s requests, but her planning applications were still refused. Mrs X has also complained about the Council’s decision to issue an enforcement notice.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

5. 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 another body better placed to consider the complaint.

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

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How I considered this complaint

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

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My assessment

8. Mrs X could have appealed to the Planning Inspector if she disagreed with the Council’s decision to refuse her planning application or its decision to issue an enforcement notice. Mrs X can also appeal to the Planning Inspector if she is unhappy with the Council’s decision to refuse her application for a Certificate of Lawful Development. I consider it would have been reasonable for Mrs X to have used her rights of appeal and the Ombudsman will not usually investigate when someone could have appealed to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
9. Mrs X has also complained about the actions of a local councillor and says confidential information was disclosed to a third party. She is also unhappy with how the Council responded to her Freedom of Information request.
10. Mrs X can complain to the Council’s Monitoring Officer if she believes the code of conduct has been breached. The Council has explained to Mrs X how she can make a complaint to its Monitoring Officer, and this is the process for dealing with complaints about code of conduct breaches. Mrs X can also complain to the Information Commissioner’s Office if she is concerned about how the Council handles her personal data as this is the appropriate body to consider complaints about these matters.
11. Mrs X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

12. We will not investigate Mrs X’s complaint because she had the right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman