Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant had the right to appeal to the Planning Inspector. We also will not investigate the complainant’s concerns about the Council’s decision to take enforcement action as she has already appealed to the Planning Inspector.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her planning application and its decision to take enforcement action. Mrs X says she has been caused considerable stress and incurred financial losses because of the Council’s actions.
2. Mrs X has also complained the Council has refused to provide information.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
6. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

7. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Ombudsman cannot investigate Mrs X’s complaint about the Council’s decision to serve an enforcement notice. This is because she has appealed to the Planning Inspector against the notice and the Ombudsman cannot investigate matters where someone has already used their appeal right. Mrs X also could have appealed against the Council’s decision to refuse her planning application. I consider it would have been reasonable for Mrs X to have used her appeal right and the Ombudsman will not usually investigate when someone could have appealed to the Inspector.
9. I understand Mrs X’s complaint also relates to how the application and enforcement investigation were handled by the Council. But these issues are related to the matters that have been, or could have been, appealed. The Ombudsman will not investigate when someone can appeal to the Planning Inspector, even if the appeal will not address all the issues complained about.
10. Mrs X has also complained about how the Council dealt with her request for information. However, Mrs X can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council dealt with her request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with these concerns.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint about how the Council dealt with her planning application as she had the right to appeal to the Planning Inspector. We cannot investigate Mrs X’s complaint about the Council’s decision to take enforcement action as she has already appealed to the Inspector. Mrs X can complain to the ICO if she is concerned about how the Council dealt with her request for information.

Back to top

Investigator's decision on behalf of the Ombudsman