Summary: Mr and Mrs X complain about the Council’s refusal to take enforcement action against a neighbour who used lead flashing as part of an extension. The Ombudsman will not investigate this complaint because there is no evidence of fault.

The complaint

1. Mr and Mrs X complain about the Council’s refusal to take action against a neighbour who used lead flashing as part of an extension.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I have considered the comments of the complainants and the Council and the complainants have commented on the draft decision.

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What I found

4. The complainants’ neighbour built an extension (under Permitted Development rules). They say that the use of lead flashing on the edge of the extension affects their land and is not acceptable under Building Control law.
5. The Council investigated and concluded that the use of lead flashing is acceptable for Building Control purposes (and is common practice).
6. The Council properly investigated the complaint and reached a conclusion with which the complainants disagree. As the decision not to take action was reached without fault, the Ombudsman cannot investigate this complaint.
7. Any damage caused to their property by the neighbour is a private matter and can be remedied in court.

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Final decision

8. I do not intend to investigate this complaint because there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman