Summary: We will not investigate this complaint about the Council asking Mr Y to use a planning agent for his planning applications. The Council confirms it will contact him if he puts in planning applications direct. We consider further investigation will not lead to a different outcome.

The complaint

1. Mr X complains for his client, Mr Y. Mr X says the Council failed to tell Mr Y it will not contact him direct and all contact must be made through an agent. It also issued a cease-and-desist letter to Mr Y.
2. Mr X says the requirement for Mr Y to have a planning agent is inconvenient and causes extra expense. He wants Mr Y to have routine access to planning officers.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 further investigation would not lead to a different outcome.

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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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My assessment

7. In 2023 the Council issued a cease-and-desist letter to Mr Y outlining the behaviour which the Council considered unacceptable and the action it requires him to stop. Following further actions the Council sought and was granted an injunction from the Court.
8. As described in paragraph three, the Ombudsman cannot consider any matters relating to court action.
9. Mr X wants the Council to give Mr Y routing access to planning officers. In response to my enquiries the Council confirms it receives Mr Y’s emails in a centralised mailbox. It says Mr Y has not submitted any planning applications without using a planning agent. However, should he do so, the Council would be required to correspond with him direct. It says such correspondence would typically be:

“an acknowledgement letter confirming the validation of the application at the outset, followed by any necessary requests for further information, clarification, or suggested amendments to improve the scheme. A copy of the final decision notice would also be issued to [Mr Y] at the conclusion of the process.”

10. There is no restriction to prevent Mr Y from putting in a planning application direct, without engaging an agent.

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Final decision

11. We will not investigate Mr X’s complaint because we consider further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman