Summary: We will not investigate this complaint about the Council’s failure to investigate a complaint about racist and derogatory comments published on its website for a planning application. Further investigation will not lead to a different outcome.

The complaint

1. The complainant, whom I shall call X, complains the Council allowed racist and derogatory comments about a planning application to be posted on its website. She says the Council failed to consider her complaint properly.
2. X also complains the Council allowed an incorrect postcode to be listed on the same planning application.

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The Ombudsman’s role and powers

3. 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
• 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

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

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My assessment

6. X complained to the Council that it had published racist derogatory, offensive and false comments directed against the gypsy/traveller community on its website.
7. In its response the Council confirmed it had reviewed the significant number of comments it had received about a planning application. It confirmed it removed all inappropriate language and comments. However, it advised X that people have the right to make comments concerning crime which is a material planning consideration.
8. The Council also confirmed it cannot police all objections it receives in real time. However the comments are reviewed regularly and any inappropriate language and comments will continue to be removed.
9. Given the Council is removing any inappropriate comments we consider further investigation will not lead to a different outcome.
10. X also complains the council failed to consider her complaint that the planning application contained an incorrect postcode. However, we do not consider this caused X any significant personal injustice.

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Final decision

11. We will not investigate X’s complaint because:
• We do not consider further investigation will lead to a different outcome; and
• The inclusion of an incorrect postcode does not cause X any significant personal injustice.

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Investigator's decision on behalf of the Ombudsman