Summary: We will not investigate this complaint that the Council disregarded evidence in coming to its decision on a planning application with which Ms X has been concerned. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, says the Council disregarded evidence in relation to drainage matters when it came to a decision on a neighbour’s planning application.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Unhappy with the Council’s decision to allow a neighbour’s planning application which Ms X fears will lead to problems with surface water drainage, she complained to the Council about its handling of matters.
7. It did not uphold her complaint. It explained it had reviewed her concerns and the advice received from its technical consultee on drainage but had satisfied itself that it had exercised its responsibilities appropriately and sought appropriate technical advice.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question the decisions they make if they have followed the right steps and considered the relevant evidence and information. While Ms X may be disappointed with the outcome of her complaint to the Council, there is no evidence to suggest fault affected its decision.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman