Summary: We will not investigate this complaint about the conduct of the Authority’s planning officers. This is because it is unlikely we would find fault or that an investigation could add to the Authority’s response.

The complaint

1. Ms X has complained about the behaviour of the Authority’s Planning Officers. She says the Authority has refused to confirm that the documented minutes of a meeting that took place about a planning application are an accurate record. She also says she has been bullied, manipulated, and intimidated by the officers and the Authority has not complied with its obligations under the Equality Act.

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The Ombudsman’s role and powers

2. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Ms X and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X sent the Authority minutes of a meeting that took place to discuss a planning application in the area. Ms X has complained the Authority has not provided her written confirmation to show it agrees that her record of the meeting is accurate. However, while Ms X may disagree with the Authority’s response to the minutes she provided, it has addressed the concerns she raised in relation to the planning issues discussed at the meeting.
6. Ms X has also complained about the conduct of officers during the meeting and in the correspondence sent to her after she raised her concerns. Ms X says the Authority has not met its Equality Act obligations.
7. The Ombudsman cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them. I am satisfied the Authority has properly considered the concerns Ms X raised about the conduct of the officers and explained why it does not consider the behaviour was unprofessional or that the actions amounted to bullying or harassment. I consider it unlikely an investigation by the Ombudsman could add to this response.

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Final decision

8. We will not investigate Ms X’s complaint because we are unlikely to find fault. It is also unlikely an investigation by the Ombudsman would add to the Authority’s response.

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Investigator's decision on behalf of the Ombudsman