Summary: We will not investigate this complaint about how the Council has dealt with businesses operating next to Mr X’s business. This is because he has started court action about the matter.

The complaint

1. Mr X complains the Council has failed to properly deal with planning matters relating to businesses operating next to his business premises. Mr X says the Council’s actions have resulted in the closure of his business.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X has applied to the High Court for judicial review of the Council’s actions. The matter is currently being considered by the court. As Mr X has started court action we cannot investigate this complaint.

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Final decision

6. We will not investigate Mr X’s complaint because he has started court action about the matter.

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Investigator's decision on behalf of the Ombudsman