The Ombudsman's final decision
Summary: Ms X complains about the Council’s handling of matters relating to a public right of way and a Modification Order affecting land close to her property. We will not investigate the complaint because the case has been referred to the Planning Inspectorate for determination and so falls outside our jurisdiction.
The complaint
The complainant, who I refer to as Ms X, complains the Council has acted unreasonably in its handling of matters relating to a dispute about a public right of way and a Modification Order application submitted by an organisation whose members seek to access the land the subject of the dispute.
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. The Planning Inspector acts on behalf of the responsible Government minister. (Local Government Act 1974, section 26(6)(b))
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to this complaint. The Council has received competing Modification Order applications, including one from Ms X, and it has referred the applications to the Planning Inspectorate for determination.
As this is the case, Ms X’s complaint falls outside our jurisdiction and will not be investigated. This restriction will still apply even after the Planning Inspectorate has made its decision.
Final decision
We will not investigate this complaint. This is because the case has been referred to the Planning Inspectorate for determination and so falls outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman