The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council consulted members of the public about a local regeneration project and the impact this has had on Mr X. The injustice caused to Mr X is not enough to warrant an investigation.
The complaint
Mr X is unhappy about: how the Council consulted on a local regeneration project; how the project might affect his property; his distress from what might happen when the project goes ahead; and how the Council handled his complaint.
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 impact 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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. The law says we cannot normally investigate a complaint when someone can appeal to a government minister or could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal or go to court. (Local Government Act 1974, section 26(6)(b) and (c), 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 says he has recently learnt his property falls within an area for regeneration. He did not believe this to be the case in 2019, from information he says local councillors shared then.
The Council says: formal consultation for the regeneration project is due to start in late 2024 and will last between 12 and 16 months; there are so far no agreed proposals or planning applications; development work in the area is unlikely to happen before 2030.
Mr X is concerned his property may in future be subject to a compulsory purchase order. He is concerned if that happens he will not be able to afford a home of the same size and type in the area he wants to live in.
We do not start or continue an investigation if we decide the effect of the actions a person complains about is not so significant that we should investigate. We will normally only investigate a complaint where the complainant has already suffered serious loss, harm or distress as a direct result of faults or failures by an organisation.
I recognise learning his home was in the regeneration area, when he had believed it was not, is likely to have caused Mr X shock. While it was alarming for Mr X, it is not a significant enough injustice to warrant us investigating.
Mr X is also concerned about the possible future implications for his property. However, the Council has not yet made any definite decisions. Mr X’s concern about what might happen to his home is a matter of doubt or speculation rather than something which has already happened. It is not significant enough to warrant us starting an investigation.
Mr X will be able to make his comments on any proposals the Council puts out for consultation. If he wishes to complain in future about injustice arising from the way the Council handles relevant planning applications he may do so once the Council has decided the applications. We are not an appeal body, however, and could not overturn any planning permission even if we were to find the Council at fault; only the courts can do that. If Mr X receives a compulsory purchase order, he will have appeal rights to the relevant government minister or tribunal.
It is not a good use of public funds to investigate a council’s complaint handling when we are not investigating the substantive matter. I see no reason to take a different view in this case.
Final decision
We will not investigate this complaint because the claimed injustice is not enough to warrant investigation. We will not investigate complaint handling when we are not investigating the substantive matter.
Investigator's decision on behalf of the Ombudsman