The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council failed to notify residents about an appeal to the Planning Inspectorate against the refusal of a planning application. There is insufficient evidence of fault by the Council.
The complaint
Ms X complains the Council failed to notify residents that an appeal had been submitted to the Planning Inspectorate against the refusal of a planning application for a development near their homes.
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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended) We can 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. So, we do not start 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 Ms X and the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
I appreciate Ms X is very unhappy that she, and other residents, were not aware of the appeal.
But I consider there is insufficient evidence of fault by the Council to justify starting an investigation. In reaching this view, I am mindful that: the Council has provided a screenshot of its database showing the addresses of properties which appeal notification letters were generated for, and I understand it has previously provided Ms X with copies of those letters.
we cannot hold the Council responsible for any errors by Royal Mail in delivering the letters.
Final decision
We will not investigate Ms X’s complaint because there is insufficient of fault by the Council.
Investigator's decision on behalf of the Ombudsman