The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to refund Ms X’s CIL (Community Infrastructure Levy) charge. This is because Ms X has the right to seek a remedy against the Council through the courts which places the complaint outside our jurisdiction.
The complaint
Ms X complains the Council mis-spent the money she paid as a CIL contribution and is refusing to refund her the money she paid.
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 could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Community Infrastructure Levy (CIL) is a charge that local authorities can set on new development in order to raise funds to help fund the infrastructure, facilities and services.
Having been charged a CIL for her development, Ms X subsequently asked the Council to refund it to her as it had not been used in accordance with the agreement made between the two parties.
The Council advised Ms X that it had used the funds in accordance with the agreement and therefore it would not be issuing a refund.
The restriction highlighted at paragraph 3 applies to Ms X’s complaint. If she believes the Council is in breach of the legal agreement they had, it is open to her to seek a remedy through the courts. As she has this alternative remedy available which we would reasonably expect her to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Ms X’s complaint because she has the right to seek a remedy against the Council through the courts which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman