Summary: Ms X complains the Council gave advice on the colour to paint a field shelter and then changed its mind after she painted it the requested colour. The Council has now confirmed the colour is acceptable. While the failure to properly communicate its decision to Ms X is fault, the situation is now resolved and no further action is required.

The complaint

1. Ms X complains the Council gave advice on the colour to paint a field shelter and then changed its mind after she painted it the requested colour.
2. Ms X says the situation has caused anxiety.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and considered the comments made.

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What I found

6. Ms X owns land and runs a business from it. Ms X has a trailer on the land which she uses as a field shelter. The Council previously issued an enforcement notice in respect of the trailer. Ms X appealed the enforcement notice. The Planning Inspector nullified the appeal saying there was no basis for the Council to have taken action. Ms X was awarded her costs.
7. Officers carried out a site visit in January 2019. The Council discussed the general state of the land and the colour of the trailer. The Council asked Ms X to paint the trailer to help it blend into the landscape more. Ms X had painted different sample colours on the trailer for the Council to inspect. After inspecting the colour samples, the officers advised Ms X which colour to paint the trailer.
8. Ms X painted the trailer with two coats of the chosen colour. In February she emailed the Council with photographs showing she had painted the trailer as requested. Ms X received an email in return saying the colour did not appear to be the one officers saw at the site visit. The officers said Ms X would need to find a less obtrusive shade, one which was considerably darker.
9. Ms X submitted a complaint to the Council about the conduct of officers. She felt they had acted inappropriately. Ms X is autistic and says she struggles to communicate effectively when stressed. She says the Council has not fully answered her complaints and she says there are still unresolved issues with the planning department.

Analysis

10. The main outstanding issue is the colour of the trailer on Ms X’s land. After visiting the site and agreeing the colour, Ms X painted it as required. The Council then sent an email saying the colour was not appropriate. Ms X did not want to spend time and money painting it again unless the Council was clearer about exactly what colour it should be.
11. In response to my enquiries the Council accepts Ms X has painted the trailer in the colour chosen during the site visit. The Council says the colour is acceptable. It is not clear to me if the Council had provided this information to Ms X since its email saying the colour was not acceptable. The failure to communicate the situation to Ms X is fault. However, as it has now confirmed in writing Ms X painted the trailer in the chosen colour and it is acceptable, I am satisfied this issue is now resolved.
12. Ms X complained to the Council about the conduct of officers during a site visit. As I was not present, I cannot take a view on the officers’ conduct. However, when I spoke to Ms X she provided information about her situation and how her autism affects her. On behalf of Ms X, I asked the Council if it would make a reasonable adjustment in how it deals with her due to her autism. Ms X has asked that she is given notice of any visits so she can arrange to have someone with her. The Council has agreed to put an alert on the planning system so officers are aware of this requirement in the future.
13. In response to my enquiries the Council has also confirmed that it is not, at this time, intending to take any further action in respect of the state of Ms X’s land.
14. I am satisfied the outstanding issues experienced by Ms X have all now been satisfactorily answered and no further action is required.

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Draft decision

15. I will now complete my investigation as the Council has taken action to resolve the fault in this case.

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Investigator's decision on behalf of the Ombudsman