Summary: We will not investigate this complaint about how the Council handled a planning application. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council approved a change to a planning application for activities on a site near his home without following the correct process. The change means the site will start operating one hour earlier than expected every day. Mr X says this has caused him injustice because it will cause extra disturbance, noise and affect his enjoyment of his home.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. I recognise the circumstances of Mr X’s complaint have affected him, but this is not significant enough to warrant us investigating.

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Final decision

9. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman