The Ombudsman's final decision
Summary: We cannot investigate this complaint about planning enforcement action taken by the Council since 2016. The matter has been subject to court proceedings and we have no jurisdiction to investigate.
The complaint
Mr X complained about the Council taking him to court on four occasions in 2025 over a planning enforcement matter which has been ongoing since 2016. He says the council should not have entered his land without his permission and that the enforcement action is heavy-handed.
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) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: Delay – usually over eight weeks – by an authority in deciding an application for planning permission.
A decision to refuse planning permission.
Conditions placed on planning permission A planning enforcement notice.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council has taken him to court four times in 2025 following its deciosn in 2016 to take enforcement action over an unauthorised structure which has no planning approval.
We cannot investigate this complaint. The Council has confirmed that court action against Mr X is ongoing and his complaint concerns this action. We have no jurisdiction to investigate complaints subject to court proceedings.
Mr X could have appealed the notices issued since 2016 and the Planning inspectorate has considered some of his appeals and dismissed them in the past.
Final decision
We cannot investigate this complaint about planning enforcement action taken by the Council since 2016. The matter has been subject to court proceedings and we have no jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman