Summary: Mr X complains about the way a planning permission petition was considered by the Council. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the way a planning permission petition was considered by the Council.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Mr X and others presented a petition to the Council asking that several previous planning permissions be revoked. He says that the Council failed to properly consider the petition.
7. The petition was considered at the Council’s Audit and Governance Committees on two occasions.
8. Whilst Mr X is dissatisfied with the Council’s consideration of the petition, I am satisfied, after consideration of the minutes of those meetings, that the matter was dealt with without administrative fault. In the absence of such fault, it is not for the Ombudsman to question the merits of the Council’s conclusion.

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Final decision

9. I do not intend to investigate this complaint because there is no evidence of fault by the Council.
    

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Investigator's decision on behalf of the Ombudsman