Summary: We cannot investigate Mr X’s complaint about alleged bias by the Council when refusing a planning application. He has used his right to an alternative remedy by way of an appeal to the Planning Inspector.

The complaint

1. Mr X says the Council was biased in favour of a commercial interest when it refused a planning application he submitted. He also says the Council misled the Planning Inspector and that his complaint to the Council was not dealt with independently.

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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 appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s appeal to the Planning Inspector means we cannot investigate the reasons for the Council’s planning refusal or the case it made to the Planning Inspector. The same holds true regarding the Council’s handling of Mr X’s complaint as the complaint concerned a matter outside our legal powers..

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Final decision

8. We cannot investigate Mr X’s complaint because he has exercised his right to appeal to the Planning Inspector.
9. We cannot investigate the Council’s complaint handling because it concerns a matter outside our legal powers.

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Investigator's decision on behalf of the Ombudsman