Summary: Mr X complained about the Council publishing defamatory comments by objectors to his planning application on its planning website. We will not investigate this complaint. This is because only the courts can determine whether the Council is liable for defamation and it is reasonable for him to seek a legal remedy.

The complaint

1. Mr X complained about the Council publishing comments on its website by planning objectors who included defamatory comments in their objections. He says this has affected his reputation and his business. He wants the Council to re-imburse the costs of his planning application which was refused.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

6. Mr X applied for planning permission to build a house and garage on land in his garden. The Council published comments from neighbours on its website and he says some of the comments contained defamatory material. He complained to the Council and it removed the comments he referred to.
7. The Council apologised for publishing the comments, although planning authorities are required to publish objections to planning applications. Mr X says the council is liable in law for defamation and this has damaged his business and local reputation. He wants the Council to re-imburse the fee for his planning application.
8. The Council says the application was determined in the normal way and the comments made did not affect the decision process. I have seen the case officer’s report and the decision was made based on planning policies and material planning considerations.
9. Mr X should seek legal advice if he wishes to take action for damages caused by defamation by the Council or the objectors. Only the courts can determine liability for legal torts such as defamation and negligence

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Final decision

10. We will not investigate Mr X’s complaint. This is because only the courts can determine whether the Council is liable for defamation and it is reasonable for him to seek a legal remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman