Summary: We will not investigate this complaint about how the Council has dealt with potential changes to the operational control procedures for an airport. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained the Council has failed to provide him with information and answer his questions about changes to the operational control procedures for a nearby airport. Mr X says the changes could have a significant impact on residents and they should be involved in the review process.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council approved an application for a runway extension to an airport. When approving the application, the Council entered into an agreement under section 106 of the Town and Country Planning Act. This sets out the planning obligations on the airport, including operational control procedures.
6. Mr X says the operational control documents are being reviewed and he has asked the Council to answer questions and provide information about the review process. The Council says that the airport has started a review of the documents and been working informally with officers. However, it has not yet received a formal review request. It says once this is received it will consult residents as required.
7. Mr X would like further details about the review and is concerned about the impact any changes will have on residents. But as the review request has not yet been submitted and changes have not been agreed, I do not consider Mr X has suffered any significant injustice because of any alleged fault with how the Council has dealt with the matter. It will be for the applicant to decide when the application is made, and residents will be consulted once the review request is received. Mr X will then have an opportunity to comment and raise any concerns about the proposed changes.

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Final decision

8. We will not investigate Mr X’s complaint because he has not suffered any significant injustice as a result of the alleged fault.

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Investigator's decision on behalf of the Ombudsman