Summary: We will not investigate Ms X’s complaint about how the council handled Community Infrastructure Levy charges. The matter has already been considered by the Court and is therefore out of our jurisdiction.

The complaint

1. Ms X complains about how the Council handled Community Infrastructure Levy charges.

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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 the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate this complaint. The matters have been considered by the Courts and are therefore outside the jurisdiction of the Ombudsman.

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Final decision

7. We will not investigate Ms X’s complaint because the matters have already been considered by the Court.

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Investigator's decision on behalf of the Ombudsman