Summary: We will not investigate Mrs X’s complaint the Council allowed inappropriate comments to be published on its planning portal. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mrs X complains the Council did not permanently remove inappropriate comments from its planning portal. Mrs X complains the comments were false, misleading and distressing.
2. Mrs X says this has caused her distress and reputational damage.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
5. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mrs X contacted the Council when she saw comments made by a third party about her property on the Council’s planning portal. Mrs X thought the comments were false, misleading and distressing. The Council removed the comments from public view and wrote to the third party and asked them to reword their comment. The third party revised their comment. The Council reviewed the revised comment and published it. When Mrs X complained again, the Council explained it had followed its publication rules and assessed the amended comments. The Council deemed the revised comments were ‘a difference of opinion’ and were not discriminatory, defamatory or libelous so could be published.
9. The Council followed its publication rules and assessed the comments. I do not have grounds to question its decision that the comment was suitable for publication. There is insufficient evidence of fault to warrant an investigation.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint the Council allowed inappropriate comments to be published on it planning portal. There is insufficient evidence of fault to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman