Summary: We cannot investigate Ms X’s complaint about land ownership. Ms X has appealed to the Tribunal about it which means we do not have the power to investigate.

The complaint

1. Ms X complained the Council delayed in carrying out actions it agreed with her, following a previous Ombudsman investigation. She says that as a result, she is unable to sell her home and she has incurred unnecessary costs in appointing solicitors.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X previously complained to the Ombudsman about the Council’s actions in relation to the sale of a piece of land. Earlier in the year, during our investigation, the Council said it had acted with fault.
6. Ms X has now complained to us again to say the Council has delayed in taking the actions it agreed to take as a result of that fault.
7. We cannot investigate this complaint. That is because Ms X says that she has now appointed solicitors who have lodged a claim with the First Tier Tribunal (Property Division). We cannot investigate a complaint when someone has sought a remedy in any court of law.

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Final decision

8. We cannot investigate Ms X’s complaint because Ms X has appealed to the Tribunal which means we no longer have the power to investigate.

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Investigator's decision on behalf of the Ombudsman