Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complainants have not suffered any significant injustice as a result of the alleged fault. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

The complaint

1. Dr B has complained on behalf of herself, and other residents, about how the Council dealt with a planning application for a development in the area where they live. Dr B says the Council’s planning officer was unprofessional, failed to provide sufficient information about the planning process and was not open or transparent. Dr B also says resident’s objections were overlooked, the planning committee members were not properly informed, and the case officer was unprepared for the committee meeting.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 Dr B and the Ombudsman’s Assessment Code.

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My assessment

4. Dr B has raised many concerns about how the Council dealt with the planning application and the case officer’s recommendation to grant permission for the development. Dr B has also complained about the Council’s planning department and the impact its practices may have on other applications in the area. However, I cannot say that Dr B, and the other residents she is complaining on behalf of, have suffered any significant injustice because of any alleged fault by the Council. Planning committee members voted to refuse permission and therefore planning permission was not granted and the development will not be built.
5. In response to Dr B’s complaint, the Council has also set out how it intends to improve its planning service and the information and advice available on its website. I consider it unlikely an investigation by the Ombudsman could add to this response.

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Final decision

6. We will not investigate Dr B’s complaint because she has not suffered any significant injustice as a result of the alleged fault. It is also unlikely an investigation by the Ombudsman could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman