Summary: We will not investigate Miss X’s complaint about the Council’s handling of a planning application. This is because the injustice Miss X claims is not significant enough to warrant investigation.

The complaint

1. The complainant, Miss X, complains the Council withdrew a planning application from discussion at its planning committee twice at short notice. She says she and another resident had to contact their neighbours to inform them the application had been taken off the agenda and this caused frustration and inconvenience. She believes the process is biased towards the applicant.

Back to top

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:

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

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. I understand Miss X is frustrated that the Council withdrew the application from discussion at the planning committee meeting but this is not a significant enough injustice to warrant investigation. The planning application itself remains undecided and the Council has confirmed that residents will have 14 days to comment on any changes to the proposal as required. They may also apply to speak against the proposal at the rescheduled meeting to highlight their concerns.

Back to top

Final decision

6. We will not investigate this complaint. This is because the matter complained about did not cause Miss X significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman