Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector, and we will not investigate where the substantive issue is outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his planning application.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because Mr X has appealed to the Planning Inspector and the Ombudsman cannot investigate when someone has already used their appeal right.
8. Mr X has raised many concerns about how the Council dealt with his application and the actions of the case officer. He says these matters will not be considered as part of his appeal to the Planning Inspector. However, we will not investigate matters if the substantive issue complained about is outside our jurisdiction.
9. I also do not consider the injustice Mr X has suffered as a result of the Council’s handling of the application significant enough to warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because the substantive matter complained about is outside our jurisdiction. I also do not consider the injustice suffered as a result of the Council’s handling of the application significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman