Summary: We will not investigate this complaint about the Council’s handling of a planning application. The alleged fault has not yet caused the complainant a significant personal injustice.

The complaint

1. Mrs X complains the Council has allowed corruption and interference of due and proper process in its handling of a planning application. In particular, she says:
• the application site ‘red line’ was not showing on the Council’s planning portal map, and an incomplete/inaccurate address for the application had been entered on the system.
• the Council should notify allotment holders affected by the application, as well as the Secretary of State.
• comments submitted by the Sustainable Transport team do not assess the proposal against relevant planning policy.

Back to top

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))

3. With regard to the first bullet point above, we can 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)
4. And in relation to the second and third bullet points above, 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. This means 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.
5. In the context of planning application complaints, this means we will particularly consider if any fault we may find is likely to have affected the outcome. In other words, we will only pursue a complaint if there is clear evidence of fault in the way a decision was made which, but for that fault, is likely to have led to a different decision or a more positive outcome for the complainant.

Back to top

How I considered this complaint

6. I considered:
• information provided by Mrs X and the Council.
• information about the planning application, as available on the Council’s website.
• the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Ombudsman will not investigate Mrs X’s complaint at the current time, as the alleged fault by the Council has not yet caused her a significant personal injustice. In reaching this view, I am mindful that:
• the planning application has not been determined.
• Mrs X has been able to submit her own objections to the application.

Back to top

Final decision

8. We will not investigate Mrs X ’s complaint because the alleged fault has not yet caused her a significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman