The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal of his planning application because of racism. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has used his right of appeal to the Planning Inspectorate. This complainant is therefore outside our jurisdiction.
The complaint
The complainant, I shall call Mr X, complains the Council displayed racism in its refusal of his planning application.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector. I understand Mr X’s concerns are about racism, however this is inseparable from the planning process. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
Investigator's decision on behalf of the Ombudsman