Source · LGO (Local Government & Social Care Ombudsman)

London Borough of Enfield

LGO (Local Government & Social Care Ombudsman) Other Reference 24-014-643 Sector Other Categories Category Land Decided 29 November 2024

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate Ms X’s complaint about land ownership. Ms X has appealed to the Tribunal about it which means we do not have the power to investigate.

The complaint

Ms X complained the Council delayed in carrying out actions it agreed with her, following a previous Ombudsman investigation. She says that as a result, she is unable to sell her home and she has incurred unnecessary costs in appointing solicitors.

The Ombudsman’s role and powers

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 the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Ms X previously complained to the Ombudsman about the Council’s actions in relation to the sale of a piece of land. Earlier in the year, during our investigation, the Council said it had acted with fault.

Ms X has now complained to us again to say the Council has delayed in taking the actions it agreed to take as a result of that fault.

We cannot investigate this complaint. That is because Ms X says that she has now appointed solicitors who have lodged a claim with the First Tier Tribunal (Property Division). We cannot investigate a complaint when someone has sought a remedy in any court of law.

Final decision

We cannot investigate Ms X’s complaint because Ms X has appealed to the Tribunal which means we no longer have the power to investigate.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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Reference Date Summary Outcome
25-003-979 Upheld
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25-018-689 Other
25-014-960 Upheld
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