Summary: We will not investigate this complaint about the Council’s application of its Unreasonable Complainant Behaviour Policy in relation to planning issues first raised by Mr X over 5 years ago and which were the subject of an earlier Ombudsman investigation in 2019. This is because an investigation is unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says by instigating its Unreasonable Complainant Behaviour Policy against him, he has been unable to have outstanding planning complaints addressed and this has interfered with his ability to use the courts and the police.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2019 the Ombudsman found fault in the way the Council had dealt with a planning enforcement case which concerned Mr X’s neighbour’s development.
7. The Council complied with the recommendations made by the Ombudsman at the time but Mr X has continued to raise the same matters with the Council.
8. Due to his continuing communication on this matter, in 2021 the Council invoked its Unreasonable Complainant Behaviour Policy against Mr X. It told him it will not respond further to matters relating to the neighbour’s development unless they are raised in respect of a new planning breach.
9. While it is clear Mr X remains dissatisfied with how the enforcement case was dealt with, his complaint was considered by the Ombudsman in 2019 and it will not be revisited.
10. The Council warned Mr X it would invoke its Unreasonable Complainant Behaviour Policy if he continued to raise the same issues previously addressed. That it took this action is not evidence of fault by the Council and there are no grounds to suggest an investigation by the Ombudsman is warranted.

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Final decision

11. We will not investigate Mr X’s complaint because an investigation is unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman