Summary: We will not investigate this complaint about the way the Council dealt with Ms X’s complaint. We consider it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. In this case the substantive issue is the Council’s decision to refuse a planning application which is being considered by the Planning Inspectorate.

The complaint

1. Ms X says the Council did not consistently follow its own guidance about handling complaints. She asks us to consider whether the Council has failed to monitor and manage its complaints handling.

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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 further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s complaint stems from the Council’s handling of a planning application and following appeal. The Council refused the planning application, and the applicant has now appealed to the Planning Inspectorate. The law says we cannot investigate any matters which are subject to an appeal process to an external body such as the Planning Inspectorate.
6. I understand Ms X is dissatisfied with the way the Council dealt with her complaint. However, the courts have said we can decide not to investigate a complaint about any action by an organisation about a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)). We consider it is not a good use of public resources to investigate complaints about complaint procedures, if we cannot deal with the substantive issue.

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Final decision

7. We will not investigate Ms X’s complaint because we consider it is not a good use of public resources to investigate complaints about complaint procedures alone, if we are unable to deal with the substantive issue, which is in this case, the way the Council considered the planning application.

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Investigator's decision on behalf of the Ombudsman