The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council processed this planning application. All matters about Mr X’s planning application are outside our jurisdiction as Mr X has already appealed to the Planning Inspector.
The complaint
Mr X complains about the way the Council dealt with his planning application. He also complains the Council failed to address his concerns through its complaint process.
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).
The Planning Inspector considers appeals about decisions to refuse planning permission.
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 further investigation would not lead to a different outcome. (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 has appealed to the Planning Inspectorate against the Council’s refusal of his application. The Planning Inspector is an independent expert whose decisions are binding on a council.
The Ombudsman cannot investigate matters where someone has already used their appeal right. This restriction applies even if the appeal could not address all the issues complained about.
The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)).
Final decision
We will not investigate Mr X’s complaint because all matters about the way the Council dealt with his planning application are outside our jurisdiction as he has already appealed to the Planning Inspector. Also, we consider it is not a good use of public resources to investigate complaints about complaint procedures, if we cannot deal with the substantive issue.
Investigator's decision on behalf of the Ombudsman