Summary: We will not investigate this complaint that the Council failed to provide important documents to the Planning Inspectorate during the complainant’s appeal against her refused planning application. The operation of the appeal process falls outside the Ombudsman’s jurisdiction.

The complaint

1. Mrs X complains the Council failed to provide crucial documents to the Planning Inspectorate (PINS) during her appeal against its refusal of her planning application.

Back to top

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 can investigate complaints about councils and certain other bodies. We cannot investigate the actions or procedures of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X, and Ombudsman’s Assessment Code.

Back to top

My assessment

5. The provision of documents to PINS during an appeal is managed under its own processes/procedures. With reference to paragraph 3 above, it is outside our jurisdiction to comment on or consider complaints about such matters.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because the operation of the PINS appeal process is a matter which is outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman