Summary: We cannot investigate this complaint about the Council’s actions connected with serving a planning enforcement notice in 2019. The complainant has already appealed to the Planning Inspector and the complaint is made too late.

The complaint

1. The complainant, I shall call Mrs X, complains on behalf of her husband and her brother-in-law. I shall refer to them as Mr X and Mr Y.
2. Mrs X complains the Council has:
• failed to engage
• delayed
• failed to use discretion
• failed to respond to requests for information
• failed to negotiate
• refused to consider any other solution other than a single glazed window, door, and side panels
• been very heavy handed; and
• Unnecessarily attempted to criminalise two elderly men ( one of whom is unwell).

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Ombudsman cannot investigate Mrs X’s complaint about any matters related to the Council’s decision to serve a planning enforcement notice on Mr X and Mr Y in 2019.
9. This is because they have already appealed to the Planning Inspector about the service of the enforcement notice. The matters Mrs X complains about are linked to the decision which has been 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.
10. In addition, Mrs X first complained to the Council in 2021. It advised her of her right to approach the Ombudsman at the time. The complaint is therefore late.

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Final decision

11. We cannot investigate Mrs X’s complaint because Mr X and Mr Y have already appealed to the Planning Inspector. Also, the complaint is made too late.

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Investigator's decision on behalf of the Ombudsman