Summary: We will not investigate Mr X’s complaint about the Council’s decision to remove public comments from a planning application listed on its website. This is because any fault has not caused Mr X a significant injustice.

The complaint

1. Mr X complains the Council has removed public comments from a planning application listed on its website. He says this is against its policy and compromises transparency in the planning process. He wants the public comments reinstated on the website.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused significant injustice to the person who complained.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We should not investigate Mr X’s complaint as the decision to remove public comments from the website has not caused Mr X a significant injustice. Mr X can still comment on the planning application and the Council has confirmed that all representations received will be taken into account when assessing and determining the planning application.
6. In any case, although Mr X says the decision to remove public comments is contrary to the Council’s Statement of Community Involvement, the Council has explained the reasons for its decision to Mr X and to the public on its website. The Council has discretion to depart from a policy if it decides the circumstances make it appropriate to do so and so further investigation by us would be unlikely to lead to a finding of fault.

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Final decision

7. We will not investigate Mr X’s complaint because any fault has not caused Mr X a significant injustice.

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Investigator's decision on behalf of the Ombudsman