The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to take enforcement action against the complainant. This is because the complainant had the right to appeal to the Planning Inspector.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about the Council’s decision to take enforcement action against her for a breach of planning control. Mrs X says the Council failed to act in line with government rules or its enforcement policy. Mrs X believes the enforcement notice is invalid and says the Council refused to speak to her legal representative about the matter. Mrs X says she has been caused stress and suffered financial losses because of the Council’s actions.
Mrs X has also complained about the actions of her local parish council and says it disclosed information about her in a local newspaper and on social media.
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 can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) 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.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as parish councils. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision to take enforcement action. This is because she had the right to appeal to the Planning Inspector. I consider it would have been reasonable for Mrs X to have used her appeal right. The Ombudsman will not usually investigate when someone had the right to appeal, even if the appeal would not have addressed all the issues complained about.
Mrs X has also complained about the parish council. But the Ombudsman cannot investigate the actions of parish councils.
Final decision
We will not investigate Mrs X’s complaint because she had the right to appeal to the Planning Inspector.
Investigator's decision on behalf of the Ombudsman