Local Plan. The matter affects all or most of the people in the Council’s area, meaning we do not have the power to investigate this complaint.
The complaint
Mr X complains the Council did not properly review and scrutinise the housing need report used for its Local Plan.
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 something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended) 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council relied on inaccurate statistical data in their housing need report. He says this led to inaccurate housing figures and misleading public statements about government‑set housing numbers. He says this has affected the accuracy of the Local Plan.
Local Plans are subject to statutory procedures for public consultation and independent examination by the Planning Inspectorate before they can be adopted by the authority. The examination will assess whether the plan has been prepared in accordance with legal and procedural requirements and if it is sound. The Inspector will consider the evidence provided by the Council to support the plan and any representations which have been put forward by local people and other interested parties.
The Local Plan applies to all residents in the Council’s area. Concerns about how housing numbers are calculated therefore affect all residents. As explained in paragraph 3, we do not have the power to investigate matters that affect all or most of the people in a council’s area. The Planning Inspectorate is the appropriate body to examine a Local Plan.
Final decision
We will not investigate Mr X’s complaint because it affects all or most of those in the Council’s area.
Investigator's decision on behalf of the Ombudsman