Summary: We cannot investigate this complaint about the Council failing to properly consider the impact on the complainant’s amenity when it approved a planning application. This is because the complainant has already taken court action about the matter.

The complaint

1. Mr X complains about the Council failing to properly consider the impact on his home when it approved his neighbour’s planning application.

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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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

5. I considered:
• information provided by Mr X and the Council, which included their complaint correspondence.
• information about the planning application, on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

6. With reference to paragraphs 3 and 4 above, the Ombudsman cannot investigate Mr X’s complaint, as he has already taken court action against the Council’s decision on the neighbour’s planning application.

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Final decision

7. We cannot investigate Mr X’s complaint because he has already pursued a court remedy against the Council’ decision on the neighbour’s planning application.

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Investigator's decision on behalf of the Ombudsman