The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with a planning application. There is no evidence of fault in the Council’s actions.
The complaint
Mr X complains the Council have made incorrect comments on a tree report submitted in a planning application. He says this led to him not being paid for his work in preparing the report.
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)) We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X produced a tree report in a planning application. He complains the Council failed to consider the British Standards when deciding whether the report was sufficient to rely on or not.
The Council considered Mr X’s report and raised concerns that not all trees in the relevant area were included. It also disagreed with the categorisation of some of the trees. It is for the decision maker to decide what weight should be given to any document submitted and whether it is sufficient. As such, the Council was entitled to request further information or to disagree with the opinion expressed by Mr X. There has been no fault in the Council’s planning process and therefore we will not investigate Mr X’s complaint.
It is also the case the matter of Mr X’s fee for his work is a matter between him and his client, not the Council’s responsibility.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s actions.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman