The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a planning application for development in Mr X’s area. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains Council planning officers failed to properly advise members of the Planning Committee on a proposal to develop a site for housing in his area. He says members were hoodwinked into passing the application despite their strong concerns about it.
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 Mr X may be disappointed with the decision taken by members following the officer recommendation to grant permission, there is no evidence to suggest fault affected the outcome.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman