Summary: We will not investigate this complaint about the Council’s use of public funds to defend a decision to grant planning permission. The law prevents us from investigating complaints where someone has started court action about the same or related matters. Also, using public funds is a matter which affects all or most of the people living the Council’s area. Again, this is something we cannot consider.

The complaint

1. Mr X says that having illegally granted planning permission attracting a Judicial Review, the Council used public funds showing malpractice and misconduct in public office.

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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. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

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

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Final decision

7. We cannot investigate Mr X’s complaint because
• The law says we cannot investigate matters connected issues which are part of legal proceedings; and
• We cannot investigate a complaint about actions which affect all or most of the residents in the Council’s area.
  Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman