The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council’s refusal of his application to remove a protected tree. This is because Mr B has appealed to the Planning Inspector. We do not have the power to investigate Mr B’s complaint about the Planning Inspector’s handling of his appeal.
The complaint
Mr B complains the Council wrongly refused his application to remove a protected tree. Mr B also says he put in an appeal to the Planning Inspector but has not heard anything in response.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of central government departments, bodies and agencies such as the Planning Inspectorate. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr B’s complaint about the Council’s refusal of his application to remove this tree. This is because Mr B has put in an appeal to the Planning Inspector. This is the appropriate route to challenge the Council’s decision and we have no discretion to investigate this part of Mr B’s complaint.
We cannot investigate Mr B’s complaint about the Planning Inspector not acknowledging his appeal or responding to his letters. This is because we do not have the power to investigate the actions of the Planning Inspector.
Investigator's decision on behalf of the Ombudsman