Summary: We cannot investigate Mr X’s complaint about the Council’s planning and enforcement processes. Mr X has used his rights of appeal to the Planning Inspectorate against the enforcement notices and the Council’s refusal of planning permission, which takes all related matters outside our jurisdiction. We will not investigate Mr X’s concerns about how the Council dealt with his complaint. We do not investigate councils’ complaint-handling where we are not investigating the core issues giving rise to the complaint.

The complaint

1. Mr X did work to a property he shares with Ms Y. The Council decided the works required planning permission. Mr X complains the Council:
1. behaved in a bullying, oppressive and illegal way towards him and Ms Y and breached their human rights;
2. unlawfully served planning enforcement notices while he had a pending planning permission appeal with the Planning Inspectorate for the same development;
3. made incorrect representations about communications with officers during the planning matters;
4. failed to act impartially, thoroughly and independently when dealing with his complaint.
2. Mr X says the matters have caused him significant stress, ruined a holiday and prevented him doing work to his garden. He says he has been caused financial hardship by the appeals to the Planning Inspectorate on the planning permission and enforcement matters. He says he could not move house because of the enforcement notice.
3. Mr X wants the Council to grant him the planning permission he seeks, remove the enforcement notices, refund him all fees he paid to the Council and the Planning Inspectorate and discipline the officers involved.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspectorate acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
6. The Inspectorate 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.

7. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).

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How I considered this complaint

8. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Mr X’s complaint about the planning issues. That is because Mr X has appealed to the Planning Inspectorate against the Council’s enforcement notice and its refusal of his planning application. The use of those appeals takes all matters relating to planning outside our jurisdiction.
10. I recognise Mr X is concerned about other issues with the Council’s administration of the planning processes and the conduct of some of its officers. However, the courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, we have no jurisdiction to investigate. The principle set by this court judgement, referred to in paragraph seven above, applies wherever a complainant has used a formal right of appeal other than through court proceedings, including Planning Inspectorate appeals. This limitation on our jurisdiction applies even if the appeal will not or cannot provide a complete remedy for all the injustice claimed. So we cannot investigate the Council’s involvement in the planning matter because Mr X has used his formal Planning Inspectorate appeal rights.
11. It is for the Inspectorate to consider and determine Mr X’s appeals and any associated claims made for costs. We have no remit or powers to interfere in the Inspectorate’s processes or decisions.
12. Mr X refers to some actions by the Council being unlawful. We make decisions on council fault or service failure, not rulings on legality. If Mr X wishes to receive a finding on any allegations of unlawfulness, he would need to pursue them to court, to the body which may make a legal decision on the Council’s actions.
13. Mr X also complained to the Council about its complaint process. We do not investigate councils’ internal complaint-handling processes in isolation where we are not investigating the core issue giving rise to the complaint. It is not a good use of our resources to do so. That limitation applies here so we will not investigate this part of the complaint.

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Final decision

14. We cannot investigate Mr X’s complaint about the core planning matters because he has used his rights of appeal to the Planning Inspectorate which takes them outside our jurisdiction.
15. We will not investigate Mr X’s complaint about the Council’s handling of his complaint because we do not investigate that process when we are not investigating the core issues which gave rise to the complaint.

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Investigator's decision on behalf of the Ombudsman