The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of prior approval applications for telecommunications masts in Ms X’s area. This is because there is no evidence to suggest fault by the Council.
The complaint
Ms X complains the Council has allowed prior approval applications for telecommunications masts in her area without proper consideration for health and safety. She says the company behind the masts has been granted safety certificates based on false information and that no further masts should be allowed until it is conclusively proved they have no adverse health effects.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While Ms X’s concerns about the possible impact of the masts are noted, there is no evidence to suggest there has been fault by the Council in its handling of the applications. It has followed national and local policy and there are no grounds on which to base an investigation.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman