The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a breach of planning control. This is because the complainant has appealed to the Planning Inspector. The complainant has not suffered significant injustice in relation to the remaining issues complained about.
The complaint
Mr X has complained about how the Council has dealt with a breach of planning control and its decision to take enforcement action against him. Mr X says the Council lost correspondence and did not properly serve the planning contravention notice. Mr X says the Council’s actions have led to unnecessary enforcement action and caused him stress.
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 ‘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 fault has not caused injustice to the person who complained, or 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 the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action against him. This is because he has appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
Mr X has raised concerns about the Council’s enforcement investigation. But the issues he has raised are related to the matters that have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
Mr X says the Council incorrectly told him it had not received an email he sent. However, I do not consider that the injustice Mr X has suffered because of any incorrect advice about receiving the email significant enough to warrant an investigation by the Ombudsman.
Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We will not investigate Mr X’s complaint because he has appealed to the Planning Inspector. Mr X has not suffered significant injustice as a result of the remaining issues complained about.
Investigator's decision on behalf of the Ombudsman