The Ombudsman's final decision
Summary: We cannot investigate this complaint about alleged financial management of a project to create a new cemetery. This is because the law prevents us from investigating matters affecting all or most people in the Council’s area. Also, we have not seen enough evidence of fault in the way the Council dealt with the planning application for the cemetery.
The complaint
Mr X complains about the Council’s plans for a new cemetery close to his home. He says: the project costs are out of control the project has major traffic concerns there is a high risk of environmental damage the benefits cannot be met; and the planning consultation process was not followed.
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 not enough evidence of fault to justify investigating.
(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
Mr X says the costs for the cemetery project are out of control. We cannot investigate this part of his complaint. Concerns about escalating costs for a Council project is a matter that affects all or most people. The law prevents us from investigating complaint about such matters.
Mr X say the Council failed to consult with residents. The Council says the proposal was discussed: In March 2022 at the Policy and Resources Committee meeting In June 2023, August 2024 and January 2026 at a meeting of the Council’s Executive; and In June and August 2025 at local committee meetings.
Planning authorities must publicise all planning applications. Depending on the nature of the development, publication may be by newspaper advertisement and / or site notice and / or neighbour notification (The Town and Country Planning (General Development Procedure) Order 1995.) The notice will invite ‘representations’ for or against the application and explain how those representations may be made. The opportunity to make representations is not the same as being consulted. The authority must consider all material representations it receives but officers will not enter into a dialogue with members of the public who have objected to a planning application.
The Council confirms it publicised the planning application for the cemetery. It says it erected site notices close to the site. It also wrote to 188 neighbours, including Mr X, telling them about the proposal.
This meets the statutory requirement for telling residents about the proposal. The minutes of the planning meeting show that Mr X was present and spoke to the committee about his concerns.
The Planning Officer’s report shows the Council considered amongst other points: the impact on residential amenity the impact in trees, ecology and biodiversity drainage and flooding land stability; and the impact on highways.
The report explained why the Planning Officer recommended the proposal for approval. Following a debate the committee agreed and voted to approve the application.
From the information I have seen there is not enough evidence of fault in the way the Council dealt with the planning application to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because complaints about mismanagement of financial projects concern matters which affect all or most of the people in the Council’s area. The law prevents us from investigating such complaints.
We have not seen enough evidence of fault in the way the Council publicised and considered the planning application.
Investigator's decision on behalf of the Ombudsman