Summary: We will not investigate this complaint about how the Council dealt with a planning application and a breach of planning control. This is because the complainant has appealed to the Planning Inspector, and we will not investigate where the substantive issue is outside our jurisdiction.

The complaint

1. Mr X has raised many concerns about how the Council dealt with his planning application and its decision to take enforcement action against him. Mr X says he has incurred additional costs because of the Council’s actions.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
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))
6. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to refuse his planning application or its decision to take enforcement action against him. This is because he has appealed to the Planning Inspector about the Council’s decisions and the Ombudsman cannot investigate matters where someone has already used their appeal right.
9. Mr X says the Planning Inspector will not look at the issues he has complained about. However, I consider the concerns raised by Mr X are related to the planning and enforcement decisions which have been appealed and we will not investigate matters if the substantive issue complained about is outside our jurisdiction.
10. Mr X also could have disputed the Council’s refusal to validate his application using the statutory process under Article 12 of the Town and Country Planning (Development Management Procedure) (England) Order. Mr X would then have had the right to appeal to the Planning Inspector if the Council decided the requested information was still required. I consider it would have been reasonable for Mr X to have used his right to appeal.
11. Mr X has complained the Council shared his information with a third party without permission. But if Mr X is concerned about how the Council handles his personal information he can complain to the Information Commissioner’s Office (ICO). The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.
12. Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

13. We will not investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman