Summary: We will not investigate this complaint about the Council’s actions on a traveller site. The complaint is late and we have seen no good reason why Ms X could not have complained to us much sooner. Also, we cannot affect matters such as the financial cost to council taxpayers as this affects all or most residents in the Council’s area. We consider further investigation will not lead to a different outcome and we cannot achieve the outcome Ms X is seeking.

The complaint

1. Ms X complains the Council has failed to enforce planning conditions set out by the Planning Inspector in a traveller site near her home. She also says the Council:
• Failed to issue an injunction;
• Failed to clarify site occupant numbers;
• Failed to ensure compliance with planning conditions;
• Failed to investigate fraud connected with the site; and
• Acted with bias against the settled community.
2. She says this has caused hundreds of thousands of pounds to council taxpayers. She also says families have been subjected to criminal acts and anti-social behaviour.
3. Ms X wants the Council to:
• Redesign the planning department and hire planning and enforcement officers that apply the law correctly and work for the local people.
• Investigate the cause of the high turnover of planning staff.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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)
7. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by Ms X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Ms X complains on behalf of a resident group. From the information I have seen, this complaint was first raised with the Council in 2023. The law says a complaint must be made to us within 12 months of the person becoming aware of the issue. This complaint is therefore late and I have seen no reason why Ms X could not have contacted us much sooner.
11. Also, Ms X says the Council’s failures have cost council taxpayers hundreds of thousands of pounds. The cost to taxpayers is something that affects all or most of the residents in the Council’s area. Therefore this complaint is also caught by the restriction described at paragraph six above.
12. Ms X says families have been subjected to criminal acts and anti-social behaviour. Criminal acts are not matters for the Council and should be reported to the police. Anti-social behaviour should be reported to the Council for consideration. Further investigation on these points will not lead to a different outcome.
13. Finally, we cannot require the Council to restructure its planning department, therefore we cannot achieve the outcome Ms X is seeking.

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Final decision

14. We will not investigate Ms X’s complaint because:
• The complaint is late;
• Part of the claimed injustice affects all or most of the residents of the area;
• Criminal acts are not the actions of the Council;
• Anti -social behaviour can be reported to the Council for consideration; and
• We cannot achieve the outcome sought.
   

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Investigator's decision on behalf of the Ombudsman