Summary: We will not investigate this complaint about how the Council considered a Councillor’s conduct. That is because there is not enough evidence of fault to warrant further investigation.

The complaint

1. Mrs X complained a Councillor breached the Council’s Member Code of Conduct. She said they failed to declare they were a member of a residents association, before chairing a planning committee meeting.
2. She said that meant the committee could not make an impartial, or informed decision on their planning request. She wants the planning committee to reconsider the planning application.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates 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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. There is not enough evidence of fault in how the Council considered Mrs X’s complaint to warrant further investigation. The Council considered the evidence provided by Mrs X showing the Councillor was a member of the residents committee. It also discussed her concerns with the Councillor and the Legal Adviser that attended the planning meeting. The Council satisfied itself there was not a substantial breach of the Code of Conduct. It set out its reasons in its response to Mrs X.
9. It is reasonable for Mrs X to use her right of appeal to challenge the Council’s decision to refuse her planning application.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in how it considered her complaint.

Back to top

Investigator's decision on behalf of the Ombudsman