Summary: We cannot investigate this complaint about the Council’s handling of an enforcement investigation into a structure erected by the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has already appealed to the Planning Inspectorate, and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council failed to properly communicate with him during its enforcement investigation into a structure erected on his land. In particular, Mr X says the Council misinformed him, was contradictory, did not explain the enforcement process fully, was verbally insulting, and lied to cover up these errors.

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The Ombudsman’s role and powers

2. The Ombudsman can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

3. And we cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister, and can consider an appeal against an enforcement notice. (Local Government Act 1974, section 26(6)(b), as amended)
4. The courts have said that where someone has used their right of appeal, the Ombudsman has no jurisdiction to 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

5. I considered information provided by the complainant and the Council, which included the enforcement and complaint correspondence/documents.
6. I also considered our Assessment Code.

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My assessment

7. With reference to paragraphs 3 and 4 above, the Ombudsman has no power to investigate any parts of the complaint about the Council’s decision to issue Mr X with an enforcement notice. This is because he has already appealed to the Planning Inspectorate against the notice.
8. I also understand Mr X is complaining about the Council’s handling of the enforcement investigation, particularly in relation to the way the Council communicated with him. But these matters are related to the enforcement decision which Mr X is currently appealing. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal will not address all the issues complained about.
9. And even if this restriction did not apply to the complaint, the bullet point criteria in paragraph 2 would still be relevant. This is because it seems unlikely an investigation by the Ombudsman would be able to establish what was said during conversations between Mr X and Council officers. Furthermore, we have no power to recommend disciplinary action against Council staff.

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Final decision

10. We cannot investigate Mr X’s complaint because he has already appealed to the Planning Inspectorate, so the complaint is outside our jurisdiction. In addition, an investigation is unlikely to lead to a different outcome with regard to the alleged actions of a council officer.

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Investigator's decision on behalf of the Ombudsman