The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to take enforcement action. This is because the complainant could have appealed to the Planning Inspector.
The complaint
Mr X has complained on behalf of Mrs Y about the Council’s decision to take enforcement action. Mr X says the Council did not follow the proper process or take account of the relevant issues before issuing an enforcement notice. Mr X says Mrs Y has suffered financial losses and the Council’s actions have breached her Human Rights.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: delay – usually over eight weeks – by an authority in deciding an application for planning permission a decision to refuse planning permission conditions placed on planning permission a planning enforcement notice.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has raised many concerns about the Council’s enforcement investigation and its decision to take enforcement action. However, Mrs Y could have appealed to the Planning Inspector if she disagreed with the notice. I consider it would have been reasonable for Mrs Y to have used her appeal right. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not address all the issues complained about.
Final decision
We will not investigate Mrs Y’s complaint because it would have been reasonable for her to use her right to appeal to the Planning Inspectorate.
Investigator's decision on behalf of the Ombudsman