Summary: We will not investigate this complaint about how the Council dealt with the complainant’s applications for a Lawful Development Certificate. This is because the complainant has appealed, or has the right to appeal, to the Planning Inspector. We are unlikely to find fault in relation to the remaining issues complained about.

The complaint

1. Ms X has complained about how the Council has dealt with her applications for a Lawful Development Certificate (LDC). Ms X disagrees with the reasons given for refusing her applications and says the Council has treated her unfairly. She says she has incurred additional costs and her wellbeing has suffered because of the Council’s actions.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X has raised concerns about the reasons given for refusing her applications. However, Ms X has used her right to appeal against the Council’s decision to refuse some of her applications. The Ombudsman cannot investigate matters where someone has already used their appeal right, even if the appeal did not address all the issues complained about.
8. Ms X also has the right to appeal to the Inspector if she disagrees with the Council’s decision to refuse her most recent application. I consider it would be reasonable for Ms X to use her right to appeal. The Ombudsman will not usually investigate when someone has a right to appeal to the Planning Inspector.
9. Ms X has complained about how the Council dealt with her applications. She says her applications should not have been assigned to the same officer she had previously complained about. Ms X also says the officer encouraged her to apply for a LDC after her first planning application was refused. However, it is for the Council to decide how planning applications are assigned to officers and it has explained why it allocated Ms X's applications to the same officer. There was also no guarantee that Ms X’s applications would be approved, and the Council needs to assess each proposal it receives on its own merits.

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Final decision

10. We will not investigate Ms X’s complaint because she has appealed, or can appeal, to the Planning Inspector. It is unlikely we will find fault in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman