Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainant has not suffered significant injustice.

The complaint

1. Mr X complains about how the Council dealt with his client’s planning application. Mr X says the application was refused due to a technical error. He says the Council did not contact him or give him an opportunity to correct the error.

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The Ombudsman’s role and powers

2. 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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X is unhappy with how the Council dealt with his client’s application and its decision to refuse planning permission. He says his client has incurred costs and delays as they have needed to make another planning application.
5. However, any injustice caused because of the alleged fault would be to the planning applicant not Mr X. I understand Mr X may have spent time dealing with the matter, but any injustice he has suffered as a result would not be significant enough to warrant an investigation by the Ombudsman.

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Final decision

6. We will not investigate Mr X’s complaint because he has not suffered any personal injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman