The Ombudsman's final decision
Summary: We will not investigate this complaint about the removal of a pedestrian access following a Council grant of planning permission nearly 20 years ago. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.
The complaint
The complainant, who I refer to as Mr X, says the Council was at fault in not properly considering matters relating to the removal of a pedestrian access when it granted planning permission for a development in 2003.
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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2003 planning permission was granted for a housing development. Last year, having recently moved into his property, Mr X complained to the Council about the removal of a pedestrian access. The Council explained to him that the access had not been secured by the 2003 permission and, as the land in question had been in separate ownership, it could not have been.
The Council says no further action could have been taken in 2003 to secure the access and that changes in the ownership of land which is not under its control has led to the loss of the access. An investigation by the Ombudsman is unlikely to add the Council’s own investigation or lead to a different outcome.
Mr X’s current concerns about road and pedestrian safety can be raised with the County Council.
We will generally not investigate complaints about a council’s handling of a complaint when we are not investigating the substantive issue.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman