The Ombudsman's final decision
Summary: We will not investigate this complaint about comments published on the Council’s website about a planning application. This is because we are unlikely to find fault.
The complaint
Mr X has complained about comments published on the Council’s website about his planning application. Mr X says the Council has continued to publish defamatory comments and it does not have a proper process to redact or remove the comments.
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)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X applied to the Council for planning permission. As part of the Council’s assessment of the proposal, it publicised the application and received comments from local residents. Mr X says comments published on the Council’s planning portal about the application are defamatory. He has asked the Council to redact and remove the comments, but this has not happened.
In response to Mr X’s complaint the Council says it does have a process to remove and redact comments. However, in this case it did not consider it necessary. I understand Mr X disagrees. But the Council has explained why it considers the comments should remain on its website and it was entitled to use its judgment in this regard. As the Council has properly considered if the comments should be removed, it is unlikely I would find fault.
Furthermore, allegations of defamation will be a civil matter between the parties involved. Defamation of character is also a legal matter that only a court can decide.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman