The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning application. This is because the Council’s actions have not caused Mr X significant injustice and we cannot achieve the outcome he wants.
The complaint
The complainant, Mr X, complains about the Council’s handling of an application for development near his home. He believes the application should be invalid as the applicant has not paid the required fee or provided the correct certification.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
It is not our role to determine the validity of the application and we cannot say the Council must delay or defer its decision until it resolves Mr X’s concerns, as Mr X would like.
The Council has not yet made any decision on the application so it actions, whether fault or not, have not caused Mr X significant injustice. The Council will determine the application on its merits and we cannot provide a remedy for an injustice that has not yet taken place.
If the Council decides to grant planning permission, and if Mr X believes it has failed to properly consider the proposal, he may raise a new complaint. Once Mr X has exhausted the Council’s complaints procedure, and if he remains unhappy, he may refer the complaint to us to consider.
Final decision
We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice and we cannot achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman