Summary: We will not investigate this complaint about the Council’s failure to comply with pre-application protocols. We cannot require the Council to pay the complainant’s legal fees, therefore we cannot achieve the outcome sought.

The complaint

1. Mr X says the council failed to follow the pre-application process for judicial review. He says this caused him to incur unnecessary legal fees.
2. He wants the Council to pay his legal fees.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X says the Council failed to follow the pre-application protocols which set out the steps the court expects parties to follow before starting proceedings for a judicial review. He says this caused him to incur unnecessary legal fees.
7. We cannot determine liability; this is a matter for the courts. So, we cannot require the Council to pay Mr X’s legal fees.

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Final decision

8. We will not investigate Mr X ’s complaint because we cannot achieve the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman