The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s handling of a planning matter. The complaint falls outside our jurisdiction because Mr X has applied to the court to challenge the Council’s decision.
The complaint
The complainant, Mr X, complains about the Council’s handling of a planning application relating to a site he part-owns.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already been to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because Mr X has sought to challenge the Council’s decision at court.
Investigator's decision on behalf of the Ombudsman