Summary: We will not investigate this complaint about the Council’s decision to grant planning permission for change of use to a property to a children’s home for a maximum of three children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot achieve the outcome the complainant is seeking.

The complaint

1. The Council received a planning application to change the use of a house into a residential home for up to three children. The application also included plans for a single storey rear extension. Mr X lives adjacent to the site.
2. Mr X complains the Council unlawfully granted a planning permission contrary to the Local Plan and failed to publish the planning decision as required by the Town and Country Planning Act.
3. He wants up to £84,000 in compensation for loss of value, relocation costs and loss of enjoyment of his property. He also wants action taken to ensure officers follow the correct procedures.

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The Ombudsman’s role and powers

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 we cannot achieve the outcome someone wants.

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

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How I considered this complaint

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

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Final decision

7. We will not investigate Mr X’s complaint. It is not our role to assess economic losses, award compensation or award punitive damages which is the main outcome he is seeking. As we cannot achieve the main outcome he is seeking we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman