Horsham District Council (21 010 310)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the complainant’s planning appeals were dealt with. This is because we cannot investigate the actions of the Planning Inspectorate.
The complaint
- The complainant, whom I shall refer to as Mr X, has complained about how his planning appeals have been dealt with. He says there has been a lack of professionalism and he has lost time and money as a result.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X has complained about how his appeals have been dealt with. But the Ombudsman cannot consider complaints about the actions of the Planning Inspectorate or its decision to dismiss an appeal. We also cannot investigate concerns about how the Council dealt with Mr X’s planning applications as he has used his right of appeal to the Planning Inspector.
Final decision
- We cannot investigate Mr X’s complaint because we cannot investigate the actions of the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman