The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the way the Council handled the complainant’s planning applications. This is because the complainant exercised his right of appeal to the Planning Inspectorate which considered the issues. We have no legal jurisdiction to investigate in these circumstances.
The complaint
The complainant (Mr X) complains about unreasonable actions by the Council in its handling of a number of planning applications he made. He says the Planning Inspectorate held the Council acted unreasonably.
In summary, Mr X says the alledged fault prejudiced the Council’s determination of his applications and led to unnecessary time costs. As a desired outcome, he wants the Council to acknowledge the issues and improve its service.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Though I recognise the issues raised by Mr X, I note he has appealed to the Planning Inspectorate about the manner in which his planning applications had been determined and which considered these issues. We therefore cannot by law investigate this complaint
Final decision
We cannot by law investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.
Investigator's decision on behalf of the Ombudsman