Summary: We will not investigate Mr X’s complaint about a planning enforcement matter. This is because it is unlikely we could achieve any worthwhile outcome for him. We cannot tell the Council it must remove specific officers from his case and the substantive issue concerns the validity of the Council’s claims that Mr X has breached planning control, which is a matter for the courts and/or the Planning Inspectorate.

The complaint

1. The complainant, Mr X, complains about the conduct of two planning enforcement officers investigating cases against him. He wants the Council to take the officers off his case and pay him compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Staffing decisions are a matter for the Council and we cannot tell it that it must appoint different officers to Mr X’s case.
6. The Council considers the allegations against Mr X to be serious and if Mr X is charged with any criminal offence, or issued a planning enforcement notice, he will have the opportunity to defend himself at court or the Planning Inspectorate, respectively. If Mr X believes the Council or its officers have acted unreasonably in pursuing action against him Mr X may apply to the relevant body for an award of costs. We will not separately investigate Mr X’s concerns about the officers’ conduct as the injustice he claims from these actions is not sufficiently separate or significant to warrant investigation.

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Final decision

7. We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman