The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal of Mr X’s request to cut back protected trees. This is because it was reasonable to expect him to appeal to the Planning Inspector. And we will not separately investigate the associated complaints about delay and the quality of the Council’s customer service, as it would not be proportionate, when we are not investigating the main complaint.
The complaint
Mr X complains about the Council’s refusal to allow him to cut back two protected trees. Mr X says the Council’s decision has been marked by delay and poor customer service.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
How I considered this complaint
I considered the information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council for permission to cut back protected trees and the Council turned down his request.
Mr X also complains about delays in the Council’s response and that he had to chase the Council up for a response.
We will not investigate. This is because it is reasonable to expect Mr X to use his legal right to appeal to the Planning Inspector even if the appeal does not address all his complaints made to the Ombudsman.
I have seen no information to indicate it would not be reasonable to expect Mr X to appeal. And, as I have already outlined, where the Ombudsman has decided not to investigate the substantive issue complained of, we will not usually use public resources to consider more minor matters such as the quality of customer service.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to the appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman