Summary: We cannot investigate Mr X’s complaint about the Council’s handling of a planning enforcement notice issued in 2022. The law prevents us from investigating anything that is subject to court proceedings.

The complaint

1. Mr X says the Council acted unfairly when it issued a planning enforcement notice in 2022. He says the Council did not properly consider his appeal, communicated poorly, and failed to give him a fair opportunity to resolve the matter before starting court action. He also says the Council mishandled his complaint and did not signpost him to the correct ombudsman service. Mr X says these actions caused him significant stress and financial pressure. He wants a fair opportunity to address the enforcement matter, a formal apology, and compensation.

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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 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaint relates to a planning enforcement notice the Council issued in 2022 and its subsequent action. Mr X says he complained to the Council several times, but it rejected his complaint because the matter is now subject to court proceedings. This is a decision it was entitled to make.
7. We cannot investigate this complaint. The Council has confirmed it is taking legal action against Mr X and this complaint concerns that action. It would be for Mr X to raise any concerns he has with the court or through his legal representative(s). We have no jurisdiction to investigate matters that are subject to court proceedings.

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Final decision

8. We cannot investigate Mr X’s because the matter is subject to court proceedings, and we have no jurisdiction to intervene.

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Investigator's decision on behalf of the Ombudsman