Summary: We will not investigate this complaint about the Council’s handling of a breach of planning control at Mr X’s neighbouring property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot add to the Council’s investigation and the Council’s actions/omissions as a provider of social housing lie outside our jurisdiction.

The complaint

1. In short, Mr X complains about ‘systemic fault’ in the Council’s handling of his complaint about his neighbour’s unauthorised fence exceeding two meters in height.
2. Mr X says the fence affects the enjoyment of his own property and causes a discomfort when sharing his home with others. He would like the Council to take robust action to rectify the situation.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

My assessment

6. The Council says that as the planning breach concerns a Council owned property it referred the matter to its Homes and Communities Team who hold the portfolio for Council owned properties. And that it is responsible for ensuring compliance with planning controls. The Council’s planning team explains that given the Council owns the property it would not be logical for it to act, under planning laws, against itself. And it has provided details on how Mr X can contact the tenancy officer.
7. We will not investigate. This is because we are unlikely to be able to add to the Council’s investigation which reached its findings after carrying out a site visit and clarifying to Mr X its reasons for it not taking any further action. That the planning department has not acceded to Mr X’s preferred outcome is not necessarily evidence of the Council acting with fault.
8. We have no remit to investigate the actions of the Homes and Communities team as that concerns the Council’s actions/omissions as a provider of social housing.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we cannot add to the Council’s investigation, and we have no remit to investigate complaints about the Council as a social housing provider.

Back to top

Investigator's decision on behalf of the Ombudsman