Summary: We will not investigate part of Mr Y’s complaint about how the Council conducted a public consultation relating to a planning application because there is insufficient evidence of fault. We will not investigate Mr Y’s complaint about the conduct of a councillor because an investigation is unlikely to achieve anything further.

The complaint

1. Mr X complained on behalf of Mr Y. Mr X said the Council failed to:
1. conduct suitable public consultation in relation to a planning application; and
2. investigate concerns about the conduct of a councillor.
2. Mr X said the matter caused Mr Y frustration and uncertainty.

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The Ombudsman’s role and powers

3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Public consultation regarding a planning application

7. Mr Y said the Council failed to conduct suitable public consultation relating to a planning application in its area. Based on the information seen, the Council conducted a public consultation. The planning portal demonstrates the Council received a significant number of comments. The evidence indicates the Council considered these as part of its decision-making process. The Council also discussed the matter at several committee meetings and publicised the planning application to enable consultation to take place.
8. There is insufficient evidence of fault in how the Council conducted the public consultation. Consequently, we will not investigate this complaint.

Councillor conduct

9. Mr Y complained a councillor used their knowledge of his personal circumstances to exclude him from the public consultation process.
10. The Council’s monitoring officer considered Mr Y’s complaint. They consulted with the Council’s Independent Person and concluded there was insufficient evidence of a breach of the Council’s code of conduct.
11. Because the Council considered the concerns about a breach of its code of conduct appropriately an investigation by the Ombudsman is unlikely to achieve anything further, and so we will not investigate this complaint.

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Final decision

12. We will not investigate part of Mr Y’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because an investigation is unlikely to achieve anything further.

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Investigator's decision on behalf of the Ombudsman