Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant can appeal to the Planning Inspector. We cannot investigate issues relating to the Council’s role as a social landlord. The complainant has not suffered significant injustice in relation to the concerns he raised about his Right to Buy application.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with breaches of planning control. Mr X disputes he has breached planning control and says the Council has harassed him. Mr X has also raised concerns about the Council’s tenancy service and says the Council put his Right to Buy application on hold. Mr X says he has been caused significant stress by the matter.

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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. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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))
5. 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.

6. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

7. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

8. Mr X as complained about the Council’s enforcement investigation and disputes he needs planning permission. However, if Mr X does not agree that he has breached planning control, he can decide not to take any action and appeal to the Planning Inspector if the Council decides to issue an enforcement notice. I consider it would be reasonable for Mr X to use his right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
9. Mr X has also raised concerns about the actions of the Council in relation to its role as his landlord. However, we cannot investigate complaints about the management of social housing by councils and these matters would be better dealt with by the Housing Ombudsman.
10. Mr X has also complained the Council incorrectly put his Right to Buy application on hold and says this has caused him additional stress. However, I cannot say Mr X has suffered any significant injustice in this regard as the hold was removed after a very short time.

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Final decision

11. We will not investigate Mr X’s complaint because he can appeal to the Planning Inspector. We cannot investigate his concerns about the Council’s role as a social landlord and he has not suffered significant injustice in relation to his complaint about his Right to Buy application.

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Investigator's decision on behalf of the Ombudsman