Summary: We will not investigate this complaint about a planning application because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Miss Y complains that the Council failed to investigate her complaint about a planning application submitted by a neighbouring business.
2. Miss Y raises concerns about actions of councillors, and about the Council’s handling of the planning application.
3. She says the situation has caused considerable distress and anxiety. Miss Y complains on behalf of herself and several neighbours.

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The Ombudsman’s role and powers

4. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Miss Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y complained to the Council about actions of councillors and about its handling of a planning application. The Council addressed Miss Y’s concerns. It explained that local and national policies were followed in approving the planning application. The Council also investigated concerns raised about the conduct of councillors.
8. There were some delays in the Council responding to Miss Y, however I am satisfied that it fully investigated and addressed her concerns. The Council fully considered the planning application in line with local and national policies and used its professional judgement to determine the outcome of this. It is not for the Ombudsman to investigate complaints about individual councillors. I am satisfied that the Council investigated Miss Y’s concerns and dealt with these properly. If Miss Y believes councillors breached the member’s code of conduct, she can make a separate complaint to the Council’s Monitoring Officer.
9. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome. There is insufficient evidence of fault in the Council’s actions, therefore we will not investigate this complaint.
10. Miss Y 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

11. We will not investigate Miss Y’s complaint because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman