Summary: Mr X complained the Council refused to consider his complaints relating to planning enforcement. We have discontinued our investigation as there is not enough evidence of fault to justify investigating and the complaint relates only to the Council’s complaints process.

The complaint

1. Mr X complained the Council refused to consider his complaints relating to planning enforcement. Mr X told us the Council’s refusal to investigate the complaint has had a significant impact on him due to his proximity to the site in question. Mr X would like the Council to consider his complaints under its complaints process and provide a full response. Mr X would also like the Council to acknowledge it misapplied its complaints policy and review its internal complaints processes.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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 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 evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. The Council has a published complaints policy which provides a clear exemption for complaints relating to legal matters.
7. Mr X’s complaint related to the Council’s handling of unauthorised works at a local site.
8. The unauthorised works were subject to legal proceedings, so the Council explained the matter fell outside of the complaints process.
9. There is not enough evidence of fault in the Council’s actions to justify completing an investigation into the matter.
10. Furthermore, it is not a good use of public resources for us to investigate complaints about complaint procedures if we are unable to deal with the substantive issues. Mr X has not asked us to investigate the Council’s handling of the enforcement issues, so there is no substantive issue for us to investigate. Decision
11. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman