Summary: We cannot investigate this complaint about a planning decision. This is because the complainant has already used an alternative remedy and the law does not allow us to investigate here.

The complaint

1. Mr X asked us to consider his complaint, on behalf of Mr Y, that the decision by both the Council and the Planning Inspector in relation to a planning decision was wrong and inflexible. He said this means Mr Y will now no longer be able to carry out essential modifications.

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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 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)

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How I considered this complaint

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate this complaint because Mr X has used an alternative remedy and the law does not allow us to investigate.

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Investigator's decision on behalf of the Ombudsman