Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s consideration of a planning application. The Council has not yet issued a decision; therefore, we do not consider Mr X has suffered a significant personal injustice which warrants an Ombudsman investigation. Also, allegations of criminal activity are a matter for the Police.

The complaint

1. Mr X complains that the Council:
• Has represented and promoted the interests of a resident who applied for a dropped kerb
• Made a careless and cursory first assessment of the planning application
• Provided knowingly misleading information to the local planning authority; and
• Failed to adequately investigate his complaint

He also alleges Council officers have committed criminal acts by abusing their position for personal gain.

2. Mr X states he has spent much time pursuing his complaint. And the Council’s actions contributed to his decision to move house. He wants those responsible within the Council to be held to account.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate allegations of criminal activity such as corruption. This is a matter for the police.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

• I considered information provided by Mr X and discussed his complaint with him. I also considered information about the planning application on the Council’s website.

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What I found

6. The Ombudsman investigates complaints of administrative fault which has led to significant personal injustice to a complaint. Allegations of criminality are for the Police.
7. Mr X’s neighbour applied to the local planning authority (LPA) for planning permission to build a hardstanding and dropped kerb at the front of their property.
8. Mr X and others objected to the application.
9. The LPA consulted the Council as the highway authority. The Council stated it had no objections to the application. It noted there were no waiting or parking controls on the road. It recommended several conditions should the LPA grant planning permission.
10. In its correspondence with Mr X the Council confirms its first response was based on a site visit made some weeks before it received the LPA consultation request when there were no parking controls. However, double yellow lines have since been introduced.
11. The LPA has not yet issued a decision on the application. The latest correspondence from the Council in its role as consultee on highway matters states the LPA has not provided enough information for the Council to make an informed comment. It reserves all comment until after all information it requires to make an informed comment is provided.

Assessment

12. Mr X says because of the Council’s actions on the planning application he has been forced to spend more than 200 hours researching the matter. He has also corresponded with LPA officers and his MP as well as pursuing his complaint with the Council. He also says the Council’s actions were a contributing reason into his decision to sell his home and move away.
13. However, the Council has not yet determined the planning application. And Mr X has confirmed he no longer lives in the area. So, although he may have been frustrated by what he considers to be poor administration, I do not consider that he has suffered significant personal injustice because of the Council’s alleged faults.
14. Also, the Ombudsman is not a regulatory body and does not provide a general oversight role to public authorities. Therefore, due to the lack of significant personal injustice and the fact the planning application is yet to be determined, I do not consider that any useful purpose would be served by starting an investigation.

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Final decision

15. I will not investigate this complaint because Mr X has not suffered a significant personal injustice. Allegations of criminal acts and corruption are matters for the Police.

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Investigator's decision on behalf of the Ombudsman