Summary: We will not investigate this complaint about the Council’s delay in issuing a Certificate of Appropriate Alternative Development. Mr X had a right of appeal to the Upper Tribunal (Lands chamber) which it was reasonable for him to use.

The complaint

1. Mr X is a professional consultant who is complaining for his client, Mrs Y. He complains about the delay in the Council issuing a Certificate of Appropriate Alternative Development.

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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 law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. We  will not investigate this complaint as Mrs Y had a right of appeal to the Upper Tribunal (Lands chamber) which it was reasonable for her to use. Mr X is a professional consultant.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have exercised Mrs Y’s right of appeal against the delay in issuing the Certificate of Appropriate Alternative Development.

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Investigator's decision on behalf of the Ombudsman