Summary: We cannot investigate Mr X’s complaint about the Council’s planning enforcement decision. This is because Mr X has already taken this complaint to court, and the law says we cannot investigate complaints that have already gone to court.

The complaint

1. Mr X complained the Council failed to take planning enforcement action when a developer did not abide by a legal agreement.
2. Mr X said this meant the developer unlawfully appointed a management company which is demanding money from residents. He said the Council’s actions have caused him anxiety, stress and frustration, and cost him time and money. He said he feels powerless.

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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 started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council, as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.

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What I found

What happened

8. Mr X told the Council there was a planning breach by developers building an estate. The Council investigated. The developer submitted another planning application.
9. Mr X complained the Council had not taken planning enforcement action. The Council explained the reason it had not taken formal action. It also said part of Mr X’s complaint was a civil dispute between him and the developer’s management company.
10. Mr X complained to the Ombudsman.
11. The Council approved the planning application.
12. Mr X then complained to the High Court about the Council’s planning decision and that it had failed to take enforcement action. The Court refused Mr X’s application for a judicial review.

Finding

13. As I have said above, we cannot investigate a complaint if someone has started court action about the matter. In this case, Mr X took his complaint to court. For this reason, we cannot investigate this complaint.
14. Mr X also complained about the Council’s actions during the court process. As I have said above, we cannot investigate a complaint about what happened in court. This includes councils’ actions during the court process.
15. I agree with the Council that part of Mr X’s complaint is with the management company, which is not a body we can investigate.

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Decision

16. We cannot investigate this complaint because the law says we cannot investigate complaints that have already gone to court.

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Investigator's decision on behalf of the Ombudsman