Summary: We will not investigate this complaint about the way the Council considered a planning application for a site next to Mr X’s land. This is because Mr X sought judicial review of the Council’s decision. The law prevents us from investigating such matters.

The complaint

1. Mr X complains about the way the Council considered planning applications which he says affect his land.
2. He wants the Council to reject the latest planning application and to take enforcement action against unauthorised work

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because he has already proceeded with court action.

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Investigator's decision on behalf of the Ombudsman