The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a complaint about a planning application. This is because the complainant has appealed to the Planning Inspector and it is not a good use of public fund to investigate complaints solely about complaint handling.
The complaint
The complainant, who I will call Mr X, complains about how the Council dealt with his complaint about how it handled a planning application he submitted.
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) The Planning Inspector acts on behalf of the responsible Government minister.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint about how the Council dealt with his planning application. This is because he has complained to the Planning Inspector which places the matter outside of our jurisdiction. This is the case even if the appeal does not address all the issues complained about or provide a complete remedy for the alleged injustice suffered.
I will not investigate how the Council dealt with Mr X’s complaint about the planning application. This is because it is not a good use of public funds to investigate complaint handling when we cannot or will not investigate the substantive matter.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector and it is not a good use of funds to solely investigate complaint handling.
Investigator's decision on behalf of the Ombudsman