Summary: We will not investigate this complaint about the consultation process carried out for a proposed development in the area where the complainant lives. This is because we are unlikely to find fault.

The complaint

1. Ms X has complained about the public consultation carried out in relation to a proposed development in the area where she lives. Ms X says the consultation was flawed in its design, accessibility, inclusivity and impartiality.

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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))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Ms X says the problems with the consultation call into question its validity and fairness. Ms X says the Council should ensure another consultation is completed with full and accessible information. However, the consultation was carried out by the developer, not the Council. The Council would not be responsible for the actions of a third party.
7. Ms X has said she feels her concerns about the proposed development have not been properly considered and additional information should be provided about the impact of the development. However, details of the proposal will be available once a planning application has been submitted. Ms X will have the opportunity to comment on the development and her comments will be considered by the Council before the application is determined.
8. Ms X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive 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

9. We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman