The Ombudsman's final decision
Summary: Mr X complains the consultation for the Local Plan Review was held online. He feels this discriminates against people who do not have online access. He would like to ensure that consultations are fully inclusive. We will not investigate further, as we are unlikely to find fault, provide the outcome Mr X would like or any other meaningful outcome.
The complaint
Mr X complains the consultation for the Local Plan Review was held online. He feels this discriminates against people who do not have online access. Mr X would like the Council to seek the views of the public and give these due weight and consideration. He would also like to ensure that future consultations are fully inclusive.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered the compliant correspondence between Mr X and the Council, and I spoke to Mr X about his complaint.
Mr X and the Council had an opportunity to comment on my draft decision.
What I found
Legislation and Guidance The Statement of Community Involvement dated July 2020 states at paragraph 4.4: “We will use a variety of consultation methods, ensuring that those used are proportionate to the scale and impact of the proposal, appropriate to those we need to consult and within available resources.”
The Council set out temporary arrangements in July 2020 due to the Covid-19 pandemic, following advice from the Government’s Chief Planning Officer.
The Council’s Statement of Community Involvement and Temporary Arrangements July 2020 says the following: Paragraph 2.3 “documents will be made available for reading as is appropriate for the consultation. Deposit points may include Council hubs and libraries. The website will be updated to publicise the progress of emerging planning documents. The consultation portal and website is the recommended way to view documents and make comments online.”
Paragraphs 2.6 “while web based access is the preferred means of making information available, the Council also in normal circumstances make hard copies of relevant documents available at deposit points for public viewing.”
Paragraphs 2.7 “if such availability is not possible, the Council will seek to implement pragmatic measures ensuring availability is maintained for those members of society that may rely upon such methods because they do not have access to the internet.”
Paragraphs 2.9 “for members of the community without internet access, the Council will deploy the most pragmatic solutions to make hard copies of documents accessible to them at the time. This may include sending hard copies on request. However the Council would continue to actively encourage documents to be accessed online to minimise the environmental impact of undertaking any such consultation.”
What Happened The Council held a consultation on the Local Plan Review in Spring 2021. The consultation was held online with details of a telephone number to call if a hard copy was sought.
Mr X has been advised to avoid digital media for health reasons. Mr X says this cannot be a public consultation if a large segment of the public who are digitally excluded cannot be involved.
Mr X complained to the Council about the consultation not being public if it was only available online. He said a mailshot could have gone out with the council tax bills.
The Council said in its response to Mr X “that officers have taken action according to the proper procedure and in line with the appropriate local policy and national legislation, and having given proper consideration to all the relevant information”.
The Council said it had published press releases, sent emails, and included information in weekly newsletters, amongst other things.
Mr X has doubts all the publicity was carried out. Mr X says he feels ignored and excluded, and he has been unable to comment.
Analysis Before we begin or continue our investigations, we consider two, linked questions, which are: Is it likely there was fault?
Is it likely any fault caused a significant injustice?
If at any point during our involvement with a complaint, we are satisfied the answer to either question is no, we may decide: not to investigate; or to end an investigation we have already started.
Our investigations need to be proportionate. We may consider any fault or injustice to the individual complainant in its wider context, including the significance of any fault we might find and its impact on others, as well as the costs and disruption caused by our investigations.
I will not investigate this complaint further, for the following reasons: The Council considered all the relevant policy, guidance and legislation and acted accordingly. This is the process we would expect and so we are unlikely to find fault with its decision.
Mr X would like the Council to enable those without internet access to comment on the consultation. The Council says it promoted the consultation widely and I have not seen any evidence this was not the case.
Final decision
This complaint will not be investigated further as it is unlikely to result in a finding of fault or a meaningful outcome for Mr X.
Investigator's decision on behalf of the Ombudsman