Source · LGO (Local Government & Social Care Ombudsman)

South Somerset District Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-004-132 Sector Planning Category Other Decided 06 September 2022

Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s refusal of his planning application because of racism. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has used his right of appeal to the Planning Inspectorate. This complainant is therefore outside our jurisdiction.

The complaint

The complainant, I shall call Mr X, complains the Council displayed racism in its refusal of his planning application.

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)

How I considered this complaint

I considered information provided by Mr X and the Council.

I considered the Ombudsman’s Assessment Code.

Final decision

We cannot investigate Mr X’s complaint because he has appealed to the Planning Inspector. I understand Mr X’s concerns are about racism, however this is inseparable from the planning process. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving South Somerset District Council

Reference Date Summary Outcome
22-007-207 13 Sep 2022 Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement matter involving Mr X’s … Other
22-005-477 04 Aug 2022 Summary: We will not investigate Mr X’s complaint about the Council’s decision not to formally enforce against a nearby unauthorised … Other
22-001-891 22 May 2022 Summary: We will not investigate Miss X’s complaint about the Council’s decision to grant planning permission for a nearby house … Other
21-008-074 04 Mar 2022 Summary: Mr and Mrs X complained about the Council’s decision to grant planning permission for a local cricket club to … Not Upheld
20-012-936 24 Feb 2022 Summary: Mr C complains the Council has repeatedly failed to collect his refuse, recycling and garden waste and he has … Upheld
View all decisions for this organisation