Summary: We will not investigate this complaint about a Council’s actions while developing its Local Plan. We cannot investigate matters affecting all or most of the people in the Council’s area. Also, we do not consider Mr X has suffered a significant personal injustice because of the Council’s actions and we cannot achieve the outcome he is seeking.

The complaint

1. Mr X complains the Council failed to properly investigate complaints about the governance, transparency, and procedural integrity of its Local Plan process. He says he raised concerns over the unlawful sequencing of the Sustainability Appraisal (SA), undisclosed political influence over site selection, and the inappropriate use of public funds for retrospective evidence work.
2. He says this has:
• eroded confidence in local planning
• prevented public accountability at a critical stage in the Local Plan's development
• caused him to spend time, trouble and money engaging in the Local Plan process
• put public interest at risk
3. Mr X wants the Local Plan process paused and independently reviewed.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
6. We 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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of fault(s) or failure(s) by the service provider.
10. Mr X says the Council’s actions have eroded confidence in local planning, prevented public accountability and put the public interest at risk.
11. I recognise his concerns. However, I am not persuaded the alleged fault has caused him a specific and significant personal injustice above and beyond that which might be suffered by other residents in the community. In reaching this view, I am also mindful the Ombudsman cannot investigate concerns about matters which affect all or most people in the Council’s area. I consider the development of the Local Plan is caught by this restriction.
12. Public engagement with developing the Local Plan is a part of the process and something Mr X has chosen to take part in.
13. Also, Local Plans are subject to statutory procedures for public consultation and independent examination by the Planning Inspectorate before they can be adopted by the authority. The examination will assess whether the plan has been prepared in accordance with legal and procedural requirements and if it is sound. The Inspector will consider the evidence provided by the Council to support the plan and any representations made by Mr X, local people and other interested parties.
14. Finally, the Ombudsman cannot require the Council or the Planning Inspectorate to pause the Local Plan process.

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Final decision

15. We will not investigate Mr X’s complaint because:
• Development of the Local Plan affects all or most of the people in the Council’s area.
• We do not consider Mr X has suffered a significant personal injustice because of the Council’s actions.
• We cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman