Summary: We will not investigate Mr X’s complaint about the Council’s view that he does not have permission for the use of a property as a children’s home. The issue is a matter for the planning/appeals process and it is unlikely we could achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council wrongly advised OFSTED he did not have planning permission for use of a property as a children’s home. He says he obtained consent more than a year ago to use the property as a children’s home and the Council cannot retrospectively revoke it.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. I have seen nothing to suggest the Council has revoked any valid planning consent or planning permission. The issue is that the Council believes the planning consent Mr X has, for use within Class C3, does not allow use of the property as a children’s home; it says Mr X would need permission for Class C2 use to operate the property in this way.
5. Whether Mr X can operate the property as a children’s home with permission for Class C3 use is not a matter for us to decide. It is for the Council, as the local planning authority, to determine whether the use is allowed. The Council has told Mr X it is not and that if he uses the property as a children’s home without the relevant consent it would amount to a breach of planning control.
6. If Mr X disagrees with the Council it is open for him to proceed with the use he believes is already authorised and, if the Council issues an enforcement notice, he may appeal. The Planning Inspectorate is better placed to determine if the Council’s judgement on the issue is correct and if it is not, it may quash any enforcement notice the Council issues. It may also order the Council to pay any costs associated with Mr X’s appeal if it considers it acted unreasonably.
7. Mr X may also apply for a certificate of lawful use to confirm the permission he has allows use of the property as a children’s home, or he may apply for a change of use to C2. In the event the Council refuses his application Mr X would have a right of appeal.

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Final decision

8. We will not investigate this complaint. This is because we cannot determine if Mr X or the Council is correct about the use class required to run the property as a children’s home. We cannot therefore say the Council’s view, or its response to OFSTED’s enquiries, amount to fault and we could not achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman