The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of planning applications and an appeal for works to a property near the complainant’s home. The alleged faults do not cause the complainant a significant enough personal injustice.
The complaint
Mrs X complains about the Council’s handling of planning applications, and an associated appeal to the Planning Inspectorate, relating to a development at a property across the road.
Mrs X says the works create a ‘mismatch’ with the other attached dwelling, and have a harmful impact on the character of the conservation area, which she finds upsetting.
The Ombudsman’s role and powers
We can 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. So, we do not start 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))
How I considered this complaint
I considered information provided by Mrs X and the Council, as well as the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures of the Council.
Whilst I acknowledge Mrs X’s concerns about the impact of the development on the character and appearance of the area, I am not persuaded any personal injustice it causes her is significant enough to justify starting an investigation in to the alleged faults.
Final decision
We will not investigate Mrs X’s complaint because the alleged faults have not caused her a significant enough personal injustice.
Investigator's decision on behalf of the Ombudsman