The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council publicised a planning application. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council’s publicity for a planning application was inadequate. He says the newspaper where the Council publicised the planning application was not in wide circulation in the locality impacted by the planning application.
Mr X says this has caused him stress and frustration and undermined his confidence in the Council’s consultation process.
Mr X wants the Council to review and revise its Statement of Community Involvement.
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))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint about how the Councill publicised a planning application. The Council received over two thousand comments on the application. The Council publicised the planning application through site notices and in the press (online and in physical copies). The Council also wrote to more than 1500 people who had previously corresponded with the Council about the original proposals. The Council acted in line with its Statement of Community Involvement so there is insufficient evidence of fault to warrant an investigation.
The Council acted in line with statutory requirements by publishing site notices, an advert in a newspaper and online. Mr X complains the publicity was not adequate or effective. However, given the volume of responses received we could not conclude, even on balance, that the publicity was inadequate or ineffective. Therefore, there is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint about how the Council publicised a planning application. There is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman