Summary: We will not investigate this complaint about how the Council consulted residents about a proposed development scheme in the area where the complainant lives. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

The complaint

1. Ms X has complained the Council failed to properly consult residents about a proposed development program to deliver housing in the area where she lives. Ms X says she, and other residents, have been treated differently to people living on other estates identified by the Council to be included in the development scheme.

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 cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
4. 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:

• 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

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

Back to top

My assessment

7. Ms X says the Council did not consult her about a possible development that will affect her property and it withheld information about a scheme to provide houses in the area where she lives. The Council says its consultation process starts with a feasibility study to see if a site can potentially be developed. If there is potential, residents will be consulted. The Council says it has followed the correct process in this case.
8. Ms X disputes this and says the Council did not tell residents that the feasibility study was taking place and information relating to the study was withheld. However, even if I did agree there was fault by the Council, I do not consider Ms X has suffered any significant injustice as a result. The proposed scheme is still in the pre-planning phase and therefore it is not yet known if the development will go ahead or if planning permission will be granted. Residents will be consulted as part of the planning process and given an opportunity to comment on any proposal before the application is determined.
9. I understand the Council is also the freeholder of the property where Ms X lives. However, we cannot consider any concerns raised about the Council’s actions in its role as social landlord as this will be outside our jurisdiction.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because she has not suffered any significant injustice as a result of the alleged fault.

Back to top

Investigator's decision on behalf of the Ombudsman