London Borough of Redbridge (21 011 602)
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with a Community Charge Levy (CIL). We will not investigate this complaint because the matter has been considered by a Planning Inspector, is out of time, and can be considered by a court.
The complaint
- Mr X complains about the way the Council dealt with a Community Charge Levy.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered the complainant’s comments on my draft decision.
My assessment
- Mr X appealed to a Planning Inspector about the imposition of a CIL. Following which the Planning Inspector made a decision in 2017. Mr X has since complained about delay in the imposition of the CIL and delay in issuing a Liability notice for the charge.
- The Ombudsman cannot investigate any complaint which has been (or could be) considered by a Planning Inspector. Mr X was aware of the delay in 2018 and so I consider that the matter is out of time.
- Mr X has also threatened the Council with court action. I consider therefore that any determination as to whether the CIL is enforceable or any extra charges imposed is now a matter for the courts.
Final decision
- I do not intend to investigate this complaint because the matter has been considered by a Planning Inspector, is out of time and can be considered by a court.
Investigator's decision on behalf of the Ombudsman