West Lancashire Borough Council (24 009 390)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 28 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s processing of a planning application. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no jurisdiction to investigate this complaint as a Judicial Review has been completed.
The complaint
- Mrs X complains about the Council’s actions on a planning application. Mrs X sought a Judicial Review of the Council’s decision on the planning application and the Court issued a judgement.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We cannot investigate Mrs X complaint because she has already taken legal action on the matters relating to the concerns raised.
Investigator's decision on behalf of the Ombudsman