Summary: We will not investigate this complaint about incorrect media statements regarding the content of the Local Plan. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The fault has not caused the complainant a significant personal injustice, and the Council has already taken satisfactory action in response to the complaint.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council’s Planning Portfolio holder approved the release of an incorrect media statement about the inclusion of a large residential development in the Local Plan. Mr X says this demonstrates the Council is predetermined in favour of the proposed development.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman can 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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• the Council has already taken, or proposed to take, satisfactory action to address the complaint.

(Local Government Act 1974, section 24A(6) & (7))

Back to top

How I considered this complaint

3. I considered information provided by Mr X, and our Assessment Code.

Back to top

My assessment

4. We will normally only investigate a complaint where there is evidence that the individual complainant has suffered serious loss, harm, or distress as a direct result of fault(s) or failure(s) by the Council.
5. I appreciate Mr X thinks the proposed development will have a negative impact on his town, community and the wider rural environment, and is suspicious about why the statements were made.
6. However, the Council is still in the process of preparing the draft Local Plan, so no decisions have been made on which sites will be included. The soundness of the draft Local Plan will also be considered by a Planning Inspector in the future. As such, I do not consider the fault has caused Mr X a significant personal injustice.
7. In addition, the Council has accepted the media statement was incorrect and apologised. It has sent a correction to the magazine which published the original statement, and says it will ensure the planning policy team is included in internal consultations on press statements in the future. This is a satisfactory way to address the complaint.
8. With reference to paragraph 2 above, we will therefore not pursue Mr X’s complaint further.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he has not suffered a significant injustice as a result of the fault by the Council, and it has already taken satisfactory action in response to the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman