Summary: We will not investigate this complaint about the Council advising the Planning Committee Members to disregard an email the complainant had sent them about a planning application. We do not consider the alleged fault has caused the complainant a significant injustice.

The complaint

1. Mr X complains the Council advised Members of the Planning Committee to disregard an email he had sent them about a planning application due to its concerns about pre-determination.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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 Mr X.
• information about the planning application and the Planning Committee meeting, as available on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

4. I do not consider Mr X has been caused a significant injustice by the alleged fault, as I am not persuaded it has affected the outcome of the planning application. In reaching this view, I am mindful that Mr X’s email to the Members was added as an addendum to the Committee report instead, so Members were still able to consider it before reaching their decision. If Members felt they needed more time to consider what Mr X had said, it was open to them to defer making a decision. Furthermore, Mr X had previously submitted objections to the proposal on three occasions, and these were summarised in the Committee report.

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Final decision

5. We will not investigate Mr X’s complaint because the alleged fault has not caused him a significant injustice.

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Investigator's decision on behalf of the Ombudsman