The Ombudsman's final decision
Summary: We cannot investigate Mr C’s complaint about the Council’s refusal of his planning applications because Mr C appealed to the Planning Inspector. We do not have the power to investigate the actions of the Planning Inspector.
The complaint
Mr C complains about the Council’s refusal of his planning applications and says the Planning Inspector has been inconsistent when deciding his appeals against these decisions.
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 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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of central government bodies, departments and agencies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Mr C and have looked at planning records available online.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate a complaint about the Council’s refusal of Mr C’s planning applications. This is because Mr C put in appeals against these decisions to the Planning Inspector.
We do not have the power to investigate a complaint about the actions of the Planning Inspectorate. This means we cannot investigate Mr C’s complaint about the Planning Inspector’s handling of his appeals.
Final decision
We cannot investigate this complaint because Mr C appealed to the Planning Inspector and we cannot investigate the actions of the Planning Inspector.
Investigator's decision on behalf of the Ombudsman