Summary: We will not investigate Mr X’s complaint about the Council’s handling of his neighbour’s planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council to warrant further investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his neighbour’s planning application. He says the application was full of inaccuracies and the Council ignored information provided to it.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the planning documents, which are available via the Council’s website.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X disagrees with the Council’s decision and is unhappy with the way his neighbour has conducted themselves but the Council properly considered the impact of the development and decided it is acceptable. I have seen no evidence of fault in the way the Council reached its decision and the law does not allow us to question its judgement. There is therefore no basis for us to say the decision should have been different.

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Final decision

6. We will not investigate this complaint. This is because there is not enough evidence of fault affecting the Council’s decision.

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Investigator's decision on behalf of the Ombudsman