Summary: We will not investigate this complaint about how the Authority dealt with the complainant’s planning application and its decision to take enforcement action. This is because the complainant has appealed to the Planning Inspector. The complainant has not suffered significant injustice in relation to the remaining issues complained about.

The complaint

1. Mr X has complained about how the Authority dealt with his retrospective planning application and its decision to take enforcement action against him.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot investigate Mr X’s complaint about the Authority’s decision to refuse his planning application or its decision to take enforcement action. This is because Mr X appealed to the Planning Inspector and the Ombudsman cannot investigate when someone has already used their appeal right.
8. Mr X has raised many concerns about how the Authority dealt with his application and its enforcement investigation. But the issues Mr X has raised are related to the matters that have been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal would not, or could not, address all the issues complained about.
9. Mr X has raised concerns about how the planning decision notice and enforcement notice were issued by the Authority. But I do not consider Mr X has suffered any significant injustice because of any alleged fault in this regard as he was still able to lodge his appeals with the Inspector.

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Final decision

10. We will not investigate Mr X’s complaint because he has used his right to appeal to the Planning Inspector. Mr X has not suffered significant injustice in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman