Summary: We will not investigate this complaint about the Council’s handling of a section 106 planning agreement. The alleged fault has not caused the complainant a significant personal injustice.

The complaint

1. Mrs X complains the Council:
• Failed to allow a parish council (PC) a fair and reasonable opportunity to review the final draft of a section 106 planning agreement.

• Signed the agreement on the same day that it knew the PC was holding a meeting to discuss the agreement.
• Failed to take account of the PC’s concerns about the terms of the agreement.
• Failed to treat the PC with respect and fairness, including the dismissive tone used during email correspondence.

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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:

• 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. Our role is to consider complaints where the person bringing the complaint has suffered a significant personal injustice as a direct result of the actions or inactions of the Council. 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.
4. We also cannot investigate complaints from public bodies, like parish councils. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X, and the Ombudsman’s Assessment Code.

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My assessment

6. With reference to paragraphs 2 and 3 above, I am not persuaded the alleged fault (as detailed in paragraph 1 above) directly causes Mrs X a significant and tangible personal injustice. Rather, the claimed injustice largely relates to the impact on the PC, or speculative scenarios about how the agreement might be implemented in the future. The Ombudsman will therefore not investigate Mrs X’s complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman