Summary: We will not investigate Ms X’s complaint about the Council’s failure to take enforcement action in relation to an empty and neglected property next door to her own. This is because the Council is satisfied the sale of the property is progressing and an investigation is unlikely to achieve any useful outcome for Ms X.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has failed to take action in relation to an empty and severely neglected property next door to hers following the owner’s move from it. She says there are problems with vermin and public safety and that the house is unsecured and damp is coming in through the shared party wall.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. For the last couple of years, the private property next door to Ms X’s property has been left empty and neglected. Ms X complained to the Council about this.
6. Since 2021 when the Council became aware of the empty property, it has visited the site on a number of occasions. In response to Ms X’s formal complaint about the matter, it said that as there were no significant risks of harm arising from the condition of the property, and because it appeared that the sale of the property was progressing, it would not be taking action. It said if the sale fell through it would review matters again and consider what alternative action it might take.
7. In response to my query about the current position of the proposed sale, which has been outstanding for some time and which Ms X says has fallen through, the Council has advised it does not consider the sale to have fallen through and that the parties are still progressing matters. Because of this, it says it has not considered alternative action because while there is an active sales transaction, any enforcement action would most likely be unsuccessful because it would be deemed unreasonable to attempt to take control of a property where the owner is taking active steps to dispose of it. It also advised that it has investigated the damp but found no evidence to confirm it has been caused by disrepair from the empty property.
8. While I understand matters have been slow to resolve for Ms X, in view of the information received from the Council, I do not consider an investigation by the Ombudsman would serve any useful outcome. The Council is monitoring the situation and will review matters if the sale does not go ahead.

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Final decision

9. We will not investigate Ms X’s complaint because the Council is satisfied the sale of the property is progressing and an investigation is unlikely to achieve any useful outcome for Ms X.

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Investigator's decision on behalf of the Ombudsman