Summary: We will not investigate this complaint about the Council’s handling of a planning application for a development which will impact Mr X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council failed to take account of relevant information and the full range of possible options and failed to consider the application on its own merits. He says it also failed to meet standards for good complaint handling when addressing his complaint.

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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))

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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.

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My assessment

6. Unhappy with the Council’s handling of a planning application for a development which will impact his property, Mr X complained to the Council. It responded to his concerns but identified no mistakes in the planning process and no mistakes in the way his complaint had been addressed which had resulted in any injustice.
7. It is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Mr X is clearly disappointed that planning permission was granted for the development, there is no evidence to suggest fault affected the Council’s decision.
8. We will not investigate complaint handling when we are not investigating the substantive issue.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman