Summary: Ms X complains about Council planning decisions on a neighbour’s applications. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council failed to properly follow normal procedures when it made its decisions on planning applications submitted by her neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint and the online planning documents.
5. I considered the Ombudsman’s Assessment Code.
6. I gave the complainant the opportunity to comment on my draft decision.

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My assessment

7. Ms X complained to the Council following its decisions on planning applications made by her neighbour.
8. The Council responded to her complaint and explained the relevant considerations it had taken into account in making its decisions. It satisfied itself that it had properly followed the correct processes for the applications.
9. While these decisions may have been disappointing for Ms X, there is no evidence to suggest fault by the Council affected them. It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question the decisions they make if they have followed the right steps and considered the relevant evidence and information.

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Final decision

10. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman