Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector. The complainant has not suffered significant injustice in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Council dealt with his planning application.

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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. 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 injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application. This is because Mr X has appealed to the Planning Inspector and the Ombudsman cannot investigate when someone has already used their appeal right.
8. Mr X has raised many concerns about how his application was handled by the Council. But how the Council dealt with the application is related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. Mr X has also complained the Council failed to properly respond to his correspondence and did not address the concerns he raised. But I do not consider that the injustice suffered as a result of these issues would be significant enough to justify an investigation by the Ombudsman.
10. Mr X can complain to the Information Commisioner’s Office (ICO) if he is concerned about how the Council dealt with his request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.

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Final decision

11. We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. Mr X has not suffered significant injustice in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman