The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s enquiries. There is not enough evidence of fault in the way the Council responded to the planning enquiries. We do not consider the injustice caused by Officer’s comments is so significant that it warrants an investigation and we cannot achieve the outcome the complainant is seeking.
The complaint
Mr X complains two Council Officers accused him of being rude and aggressive to staff.
He also complains the information provided by the planning department is unclear.
Mr X wants the Council to start disciplinary proceedings against two Officers seeking dismissal. And for a completed review of the planning department.
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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X asked the Council for information about installation of electronic communications apparatus, including telegraph poles.
The Council confirmed that such development is permitted under Part 16 of Schedule 2 of the General Permitted Development Order 2015 (as amended). It also confirmed it had checked its records and there are no conditions requiring provision of underground services only, on the planning permission for the road where Mr X lives.
In a response to Mr X the Council stated that being rude or aggressive to planning officers will not alter its findings.
I understand Mr X found the Council’s statement offensive. However, I do not consider this injustice to so significant to warrant an investigation. Also, Mr X’s desired outcome from the complaint, is for two officers to be subject to disciplinary procedures with a view to dismissal. The law prevents us from involving ourselves in personnel matters, which includes disciplinary proceedings, so this is not something we can achieve.
I have seen nothing to suggest the information provided by the Council in response to Mr X’s planning enquiries is incorrect. The Council has referred him to the relevant legislation and confirmed it has checked its records. Further investigation on this point is unlikely to lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because : we do not consider there is a significant personal injustice there is not enough evidence of fault in the Council’s response to Mr X’s enquiries; and we cannot achieve the outcome Mr X is seeking.
Investigator's decision on behalf of the Ombudsman