East Riding of Yorkshire Council (04C16029)

Planning advice          Maladministration causing injustice

12 December 2005

‘Miss Marsh’ (not her real name for legal reasons) complained that the Council gave both her and her neighbour wrong advice about whether developments in her neighbour’s garden required planning permission, failed to investigate matters properly when she raised them, failed to investigate a possible change of use of his property, and failed to deal with her complaints in confidence.

The investigation found that the error made in informing both Miss Marsh and the neighbour that planning permission was not needed for the developments in his garden was maladministration that caused injustice to Miss Marsh.

The written evidence suggested that Miss Marsh’s identity had been disclosed to her neighbour at some point. The Ombudsman was unable to reach a firm conclusion about what had happened, as she respected Miss Marsh’s request not to interview her neighbour. However, she did find that the Council had not made any attempt to protect Miss Marsh’s identity in response to references to her in correspondence from the neighbour.

She concluded that the Council had handled the issue of the possible change of use properly and was continuing to keep this under review.

The Ombudsman found maladministration causing injustice and recommended that the Council pay Miss Marsh £1,000 in recognition of the considerable inconvenience, disruption to the enjoyment of her property, and distress she experienced over a period of two years as a result of the Council’s error.

Date Published: 09/09/09