Summary: We will not investigate this complaint about matters relating to the Council’s decision to issue a planning Enforcement Notice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant appealed to the Planning Inspector about the Enforcement Notice. The complaint is therefore outside our jurisdiction.

The complaint

1. Mr X complain about the Council’s actions leading up to and including issuing a planning Enforcement Notice.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We 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. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My Assessment

8. The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision to take enforcement action. This is because Mr X appealed to the Planning Inspector and the Ombudsman cannot investigate when someone has already used their appeal right.

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Final decision

9. We will not investigate Mr X’s complaint because the issues Mr X has raised are related to the matters that have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal would not, or could not, address all the issues complained about.

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Investigator's decision on behalf of the Ombudsman