The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s planning enforcement actions. Mr X used his right of appeal to the planning inspector and more recently the case has been in court.
The complaint
Mr X complains the Council twice took planning enforcement action against him regarding building works which he says were not permanent. He says the Council failed to follow guidelines and should have handled things informally. He says the planning inspector was involved and agreed the Council should not have enforced because there were no complaints about the works in 2018. Mr X says a second inspector produced a report with errors in it.
Mr X complains the Council is prosecuting him at court. Mr X says he needs help with the court case.
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 tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I have considered Mr X’s information and comments.
My assessment
I cannot investigate this complaint for the following reasons: The Council’s enforcement actions are outside the Ombudsman’s jurisdiction because Mr X had a right of appeal to the planning inspector, against an enforcement notice, which I understand he used (see paragraphs 2 and 3 above). There is no discretion to investigate.
The Ombudsman cannot investigate what happens in court (see paragraph 4). We cannot help Mr X with a court case.
Final decision
The Ombudsman cannot investigate Mr X’s complaint about the Council’s planning enforcement actions. Mr X used his right of appeal to the planning inspector and more recently the case has been in court.
Investigator's decision on behalf of the Ombudsman