Swindon Borough Council (25 028 457)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a planning officer’s report. The claimed injustice is not significant enough to warrant investigation.
The complaint
- Mr X complains about the quality and content of a planning officer’s report on a planning application. Mr X complains the report did not address his concerns or accurately reflect the impact of the application. Mr X says this means the decision to grant planning permission was defective.
- Mr X also complains about how the Council handled his complaint.
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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaint because there is not enough evidence Ms X has suffered a significant injustice. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
- I recognise the importance of the matter to Mr X. However, Mr X was able to register his concerns and objection through the planning portal before the Council decided to grant planning permission. Additionally, the officer’s planning report was among hundreds of documents available to inform the final decision. I do not consider there has been significant enough personal injustice to warrant the Ombudsman devoting time and public money to investigation.
- It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because the claimed injustice is not significant enough to warrant investigation.
Investigator's decision on behalf of the Ombudsman