Summary: Mr X complains about delay by the Council in removing comments in a planning case. We will not investigate this complaint because the matter has been remedied.

The complaint

1. Mr X complains about delay by the Council in removing comments in a planning case.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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 submitted a planning application. He says that some of the comments made (and uploaded to the planning portal) were underlying racist.
7. He told the Planning Officer who had visited. However, the Planning Officer then went on leave for a week. The Council reviewed the comments and, although taking the view that the comments were not racist, decided to remove the comments from the portal. The comments were removed approximately three weeks after being reported by Mr X.
8. The Council apologised for the delay in their removal.
9. Any racist comments made in public are a criminal matter for the Police to investigate.
10. I am satisfied that the Council properly investigated the matter and considered the question of their removal. Whilst it is unfortunate that the comments were removed later than would be expected, the Council apologised and we consider that to be a reasonable settlement to this complaint. Their consideration as to whether the comments should be removed was made without administrative fault and so the Ombudsman would not question the merit of that decision.
11. Any dispute about the final planning application decision was a matter for the Planning Inspector.

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Final decision

12. I do not intend to investigate this complaint because the matter has been remedied.
     

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Investigator's decision on behalf of the Ombudsman