Summary: We will not investigate this complaint about the Council’s handling of a reported breach of an enforcement notice. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council:
• Has not taken appropriate action against his neighbour who is using their home for a business in breach of planning, licensing and health and safety law; and
• Handled his complaint poorly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council served an enforcement notice on Mr X’s neighbour to stop using their property for commercial reasons. The Council investigated Mr X’s reports this had been breached but found no evidence of a breach of planning control or related licensing conditions. There is not enough evidence of fault in its decision making.
7. The Council investigated Mr X‘s complaints of noise but found the noise did not amount to statutory nuisance. There is not enough evidence of fault in its decision making.
8. In any case, any injustice is not significant enough to justify our involvement because Mr X is only staying at the affected property temporarily.
9. It is not a good use of public resources to investigate complaints about complaints procedures if we are not able to investigate the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman