The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s correspondence about a planning matter. There is insufficient evidence of fault by the Council.
The complaint
Mr X complains about how the Council has dealt with his correspondence about a planning matter. Mr X says the Council have prevented him from corresponding about the matter further and wants this restriction lifter.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate how the Council has dealt with Mr X’s planning applications, or its decision to warn Mr X about his behaviour. These matters have previously been considered by the Ombudsman and we cannot accept multiple complaints about the same matters.
The Council has written to Mr X after receiving further correspondence about his planning applications. It has outlined its final position on the matter and advised him that he can either proceed with works as per the approved plans or submit a further application, but advised him that this will likely be refused. The Council told Mr X that it considers his correspondence to be unreasonable as he has continued to repeat the same concerns to the Council. It said it will therefore not correspond with him further about these matters.
I will not investigate Mr X’s complaint about how the Council has dealt with his recent correspondence about these planning matters because there is insufficient evidence of fault with the Council’s approach. It’s decision to end its correspondence with Mr X about these matters was made in line with its policy and it is not reasonable to expect councils to continue corresponding on matters when it has made its final position clear.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman