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 has already appealed to the Planning Inspector. Some of the matters complained about are subject to court proceedings.
The complaint
Mr X has complained on behalf of Ms Y about the Council’s decision to take enforcement action against Ms Y for a breach of planning control. Mr X says the Council failed to follow the correct procedures, ignored evidence and based its decision to take enforcement action on incorrect and misleading information. Mr X says Ms Y has incurred significant financial losses because of the Council’s actions.
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) 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 considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Ms Y’s complaint about the Council’s decision to take enforcement action against her. This is because she appealed to the Planning Inspector against the enforcement notice and the Ombudsman cannot investigate matters where someone has already used their appeal right.
I understand Mr X says the complaint is about the behaviour of the planning officers and the processes followed by the Council. But these matters are related to the enforcement notice which was 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.
Mr X has also complained the Council demolished Ms Y’s outbuilding and is now seeking to recover the demolition costs. However, this matter is subject to court proceedings and the Ombudsman cannot investigate complaints about issues considered in court.
Final decision
We cannot investigate Ms Y’s complaint because she has appealed to the Planning Inspector. Parts of Ms Y’s complaint are also subject to court proceedings.
Investigator's decision on behalf of the Ombudsman