The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions leading to a retrospective planning application for work to a listed war memorial. We do not consider the complainant has suffered a significant personal injustice.
The complaint
Mr X complains the Council: Failed to apply for Listed Building Consent until works to a listed war memorial were practically complete.
Failed to consult with concerned parties and provided incorrect information which is then contradicted.
Failed to respect the war memorial.
Mr X says the Council’s actions have caused him to lose faith and response in the Planning department and officers involved in the scheme.
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 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 Mr X and information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council applied for retrospective listed building consent to replace the steps leading up to a war memorial in the town where Mr X lives.
The planning pages of the Council’s website show Mr X commented on the application but did not object to the proposed work. The website also shows no organisation objected to the work.
Listed Building consent was granted for the work.
I understand Mr X is dissatisfied with the process the Council followed and its initial responses to his enquiries. However, I do not consider he has suffered a significant personal injustice.
Final decision
We will not investigate Mr X’s complaint because I do not consider he has suffered a significant personal injustice because of the Council’s actions.
Investigator's decision on behalf of the Ombudsman