The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaints about the Council’s handling of planning applications because one complaint is late and the other is premature.
The complaint
Mr X complains about the Council’s handling and decision making on: a 2020 planning application, since withdrawn and a second planning application, not yet decided.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint about the first planning application concerns matters that arose more than 12 months ago. I see no good reason why he could not have complained to us sooner. I will not investigate because the complaint is late.
The Council has not yet made a decision whether to approve the second planning application. Until it is decided, I cannot assess any fault or injustice. I will therefore not investigate. Mr X may contact us again if he remains unhappy after the Council has decided the second application.
Final decision
We will not investigate Mr X’s complaint because it is late.
Investigator's decision on behalf of the Ombudsman