The Ombudsman's final decision
Summary: We will not investigate this complaint about the process the Council followed leading to its decision to grant planning permission. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The law says we cannot investigate a complaint where someone has started court action on the matter.
The complaint
Mr X complains about errors in the way the Council processed a planning application, leading it to grant planning permission.
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 courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he has applied for judicial review of the Council’s decision to grant planning permission. Therefore, his complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman