Calderdale Metropolitan Borough Council (25 021 094)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to accept a complaint that it had refused to answer a question he asked at a Cabinet meeting. We consider that an investigation would not lead to a worthwhile outcome.
The complaint
- Mr X complains the Council refused to answer his question about a draft supplementary planning document.
- He says this disadvantaged his ability to respond effectively and accurately to a public consultation.
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 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 there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked a question at a Cabinet meeting about a draft supplementary planning document (SPD). The Council provided a written answer. Mr X was not satisfied with the answer and asked the Council again to answer his question.
- The Council advised it had nothing further to add and directed Mr X to the consultation on the draft SPD.
- Mr X commented on the draft SPD during the Council’s consultation process.
- The Council adopted the draft SPD in February 2026.
Final decision
- We will not investigate Mr X’s complaint because we cannot require the Council to remove the SPD from its adopted policies. Also, Mr X was able to comment on the SPD during the consultation process. Therefore we consider that further investigation of this complaint would not lead to a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman