The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s bias in its decision to refuse his planning application. This is because any injustice suffered is not separable from the decision itself which can be appealed to the Planning Inspectorate.
The complaint
Mr X complains the Council’s decision to refuse his planning application is biased. He says it appears to have two separate policies, one for Council owned properties and the other for privately owned properties. Mr X says he has appealed the Council’s decision.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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’.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about a decision to refuse planning permission.
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 Mr X’s complaint. Any injustice to Mr X is due to the Council’s decision to refuse his planning application. Any bias in the Council’s decision-making process is not separate from its decision, which carries a right of appeal to the Planning Inspectorate. It is the most suitable body to review the Council’s decision.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for Mr X to take the matter to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman