Summary: We will not investigate Mr X’s complaint about how the Council dealt with his complaint or applied its Development Management Enforcement Policy. It is reasonable for Mr X to use his right of appeal to the High Court.

The complaint

1. Mr X complains the Council has incorrectly followed its complaints procedure.
2. Mr X wants the Council to correctly follow its Development Management Enforcement Policy.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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

7. I considered information provided by the complainant.
8. I considered The Planning Inspectorate Procedural Guide: Enforcement notice appeals – England.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council issued a planning enforcement notice to Mr X in April 2022.
11. Mr X appealed the enforcement notice in May 2022.The Planning Inspectorate held a public hearing in December 2023. It published its decision dismissing his appeal in April 2024.
12. Mr X complained to the Council in June 2024 that it had failed to follow its Development Enforcement Policy in 2018.
13. The Council provided Mr X with guidance on his complaint and asked for Mr to X to specify the details of his complaint in June and July 2024.
14. The Council considered his complaint at stage 3, it decided Mr X had not given enough detail about how the Council had not complied with its Development Enforcement Policy. It wrote to Mr X with its response in August 2024.
15. The Council told Mr X it could not overturn decisions by the Local Planning Authority or the Planning Inspectorate in its complaint response to him in August 2024.
16. The Council said it would not deal with the complaint as Mr X had complained more than 12 months after the planning enforcement notice was issued to Mr X in April 2022.
17. Mr X says if the Council had followed its policy properly it would not have issued the enforcement notice. We cannot investigate a complaint that the enforcement notice should not have been issued, as Mr X appealed to the Planning Inspectorate. He has a further appeal right to the High Court; it is reasonable to expect him to use this right if he believes the enforcement notice is wrong.
18. Mr X says the Council has not properly replied to his complaint in accordance with its complaint’s procedure. It is not a good use of public resources to investigate complaints about complaint procedures, if we are not investigating the substantive issue.

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Final decision

19. We will not investigate Mr X’s complaint because there is a right an appeal to the High Court, it would be reasonable to expect him to use this.

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Investigator's decision on behalf of the Ombudsman