The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s processing of a planning application. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no jurisdiction to investigate this complaint as a Judicial Review has been completed.
The complaint
Mrs X complains about the Council’s actions on a planning application. Mrs X sought a Judicial Review of the Council’s decision on the planning application and the Court issued a judgement.
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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mrs X complaint because she has already taken legal action on the matters relating to the concerns raised.
Investigator's decision on behalf of the Ombudsman