Summary: We cannot investigate this complaint about the Council’s handling of a planning application for a development with which Mr X is concerned. This is because Mr X used his right of appeal to the courts which places the complaint outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s handling of a planning application for a development with which he is concerned.

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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 used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its most recent letter of 4 August 2023 sent to Mr X.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint because he used his right of appeal to the courts which places the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman