Tandridge District Council

The Ombudsman's final decision

Summary: We cannot investigate the actions of the Council in connection with renewal of licence applications for a dog boarding business and a cattery. This is because the complainant has used his statutory right of appeal to the Magistrate’s Court, so this lies outside our jurisdiction.

The complaint

In summary, Mr X complains about the Council’s actions in connection with its refusal to renew his licences for a dog boarding business and a cattery.

Mr X says he was led to believe by the Council that its previous dispensations would continue.

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 started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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 and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

The law specifically gives licensing applicants a right of appeal against a Council decision.

Mr X has exercised his legal right to appeal the Council’s licensing decisions to the Magistrates Court. This prohibits the Ombudsman from investigating any aspect of this complaint including any ancillary matters, such as failures to respond to his correspondence or being led to believe the licences would be renewed.

Mr X could have presented his concerns to the court. It would then have been for the court to decide the merits of his case.

Final decision

We cannot investigate Mr X’s complaint because he has used his right to appeal to the magistrates’ court, so his complaint lies outside our jurisdiction.

Investigator's decision on behalf of the Ombudsman