Summary: We will not investigate Ms X’s complaint about the management of a holiday caravan site. There is insufficient evidence of fault by the Council to justify investigation.

The complaint

1. Ms X complaints the Council did not take action when her holiday caravan site manager removed a fence, shed, and storage containers from her plot. Ms X also complains of poor communication and complaint management.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X owns a caravan on a licenced holiday caravan site. When she purchased the plot there was a fence and shed.
6. Holiday caravans are not dwellings, so housing legislation does not apply. Instead, councils are under a duty to issue a site licence and ensure compliance with site licence conditions.
7. The licence for the holiday caravan site Ms X’s plot is on states there are to be no fences on plots and sheds, and other storage structures are only permitted in limited circumstances. These conditions are consistent with national model standards for holiday caravan sites, and the Council is entitled to include them.
8. The Council informed the holiday caravan site manager the structures on Ms X’s plot were not compliant with the conditions of the site licence. The site manager removed the structures from Ms X’s plot.
9. Ms X says without the fence there is a 60cm drop at the boundary of her plot. She has contacted the Council to raise concerns about the safety of the drop. Ms X says the Council have not taken action to ensure the drop is made safe.
10. The Council are not under a duty to take action. The Council is responsible for licencing holiday caravan sites and ensuring compliance with the site licence. The safety of the plot boundary is a civil matter between Ms X and the site operator, not a licensing or enforcement matter for the Council. While the fence and shed were present when Ms X purchased the plot, this does not affect the Council’s role, because non‑compliant structures remain a matter between the resident and site manager. There is insufficient evidence of fault by the Council.
11. We will also not investigate how the Council dealt with Ms X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman