The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about a planning decision of the Council. This is because the issue has been considered in Court proceedings, and the law does not allow us to investigate this complaint.
The complaint
Mrs X complained the Council has taken Court action against her for changes made to her property. She feels the Planning Department has not acted professionally in making its decisions.
Mrs X says the actions of the Council left her distressed, at risk of homelessness and damaged the business interests of her and her family.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained about planning decisions made by the Council. Mrs X used her appeal rights to the Planning Inspectorate and the matter was then subject to Court proceedings. We therefore cannot investigate this complaint.
Final decision
We cannot investigate Mrs X’s complaint because it has been considered in Court proceedings.
Investigator's decision on behalf of the Ombudsman