Summary: We will not investigate Mr X’s complaint about how the Council assessed a planning application. This is because there is not enough evidence of fault or enough injustice to warrant an investigation.

The complaint

1. Mr X complains the Council has not considered the risk of being struck by a ball from the existing cricket pitch when considering planning permission for a nearby development. He says there is a risk of injury or damage to vehicles which could increase insurance premiums.

Back to top

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 any injustice is not significant enough to justify our involvement, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. There is insufficient evidence of fault in how the Council considered the planning application to justify an investigation by the Ombudsman.
6. Mr X says that he worries a cricket ball could cause injury or damage. There have been no incidents of ball strike. He says he worries about increases in insurance premiums. So far this has not happened. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. We will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault, or injustice to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman