City of Doncaster Council (22 013 310)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the level of weight given to a neighbourhood plan by the Council when determining planning applications. This is because the issue concerns a matter of professional judgement and the law does not allow us to question it.
The complaint
- The complainant, Mrs X, complains the Council afforded moderate weight to a neighbourhood plan as a material planning consideration in determining planning applications. She also complains the Council has failed to provide information about its meeting with a town council to discuss funding.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We have previously considered Mrs X’s complaint about the Council’s funding to the town council; I will not therefore consider this issue again now.
- Mrs X’s complaint about the level of weight given to the neighbourhood plan is a new issue but not one which we will investigate. This is because any decision about what weight to attach to the plan is a matter of professional judgement and we have no power in law to question it.
- If Mrs X believes the Council’s decisions are unlawful she may wish to challenge them at court. But we have no power to overturn the decisions or to say the Council must give less weight to the neighbourhood plan in future.
Final decision
- We will not investigate this complaint. This is because the issue concerns a matter of professional judgement and the law does not allow us to question it.
Investigator's decision on behalf of the Ombudsman