Summary: We cannot investigate Mr X’s complaint that the Council used public funds to help a developer satisfy pre-commencement conditions for a housing development in his locale. This is because the complaint falls outside our jurisdiction as it affects all or most of the people in the Council’s area.

The complaint

1. Mr X complains the Council used public funds to help a developer satisfy pre-commencement conditions for a housing development in his locale. He says it helped the developer with this after the expiration date of the planning permission granted for the development.

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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 something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. 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 fault has not caused injustice to the person who complained, or
• 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

5. I considered information provided by the complainant and the Council, including its response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about its handling of pre-commencement conditions relating to a planning permission granted in his locale for a housing development.
8. Mr X says its actions have caused serious harm to public amenity by the unnecessary use of public funds and resources and the undermining of public confidence in the planning system.
9. The restriction highlighted at paragraph 3 applies to Mr X’s complaint. The injustice he claims would apply to all or most of people in the Council’s area and so falls outside our jurisdiction.
10. Moreover, in deciding whether to investigate a complaint we must also consider the nature of the injustice caused to the complainant. Mr X has raised no details of any personal injustice and it has been his decision to pursue his complaint.

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Final decision

11. We cannot investigate Mr X’s complaint because it falls outside our jurisdiction as it affects all or most of the people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman