The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to take enforcement action against the complainant. This is because the complainant appealed to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mr X, has complained about the Council’s decision to take enforcement action against him. Mr X says its decision to issue an enforcement notice was based on an inaccurate assessment of his property. He says the Council failed to act in line with its policy or have regard for the Human Rights Act. Mr X says the Council has failed to answer his questions or acknowledge its mistakes and he has suffered financial losses and his family has been caused significant stress.
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: 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.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to issue an enforcement notice. This is because he has appealed to the Planning Inspector and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mr X’s complaint also relates to how the Council carried out its enforcement investigation. But these matters are related to the enforcement notice that has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
Final decision
We cannot investigate Mr X’s complaint because he has already used his right of appeal to the Planning Inspector. Therefore, the complaint is outside the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman