Summary: We will not investigate this complaint about how the Council handled concerns about a derelict building. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains about the Council’s handling of reports about a derelict property. He says the council has not taken enforcement action against the property owners in a proportionate and timely manner. He says living near to the empty property has caused him stress. He would like the Council to take enforcement action such as a compulsory purchase order and to update local residents about its plans and any action taken.

Back to top

The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. The derelict property is not immediately next to Mr X’s home and although I recognise the circumstances of Mr X’s complaint have affected him, this is not significant enough to warrant us investigating.
9. In any event, the evidence shows the Council has taken enforcement action it has deemed proportionate under its discretionary powers. We will not criticise the Council’s professional judgment on this matter and we cannot achieve the outcome Mr X wants.

Back to top

Final decision

10. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman