Summary: We cannot investigate Miss X’s complaint about the Council’s decision to serve a planning enforcement notice. This is because Miss X appealed to the Planning Inspectorate.

The complaint

1. Miss X complains about the Council’s decision to serve a planning enforcement notice.
2. Miss X also complains that the Council did not make reasonable adjustments to accommodate her needs during the enforcement investigation.

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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 may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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))
7. 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

8. I considered information provided by Miss X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. I cannot investigate Miss X’s complaint that the Council refused to withdraw its enforcement notice. Miss X appealed the Council’s decision to the Planning Inspectorate, thereby placing the matter outside our jurisdiction.
11. Miss X complains that the Council did not make reasonable adjustments during the enforcement investigation process between September 2023 to July 2024, and that it ignored medical evidence she provided. Given any fault or injustice was ongoing for a period I consider there is good reason to exercise discretion on time.
12. However, I consider any concerns Miss X had about the Council’s communications with her during the enforcement process could reasonably have been raised in her appeal of the enforcement notice. Further, I do not consider it proportionate to investigate the Council’s communications when the substantive matter its outside our jurisdiction.

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Final decision

13. We cannot investigate Miss X’s complaint because she has appealed to the Planning Inspectorate.

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Investigator's decision on behalf of the Ombudsman