Summary: The Ombudsman will not investigate Mr and Mrs X’s complaint about historical issues regarding the use of adjoining land as the complaint is late. We will not investigate their more recent complaint about the Council’s handling of an enforcement matter as it is unlikely we would find fault.

The complain

1. The complainants, Mr and Mrs X, complain the Council’s failure to properly deal with issues relating to the use of adjoining land dating back to the 1990s has resulted in more recent issues with development of their neighbour’s property.

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The Ombudsman’s role and powers

2. 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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

5. I reviewed Mr and Mrs X’s complaints and the Council’s responses. I shared my draft decision with Mr and Mrs X and invited their comments.

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What I found

6. Mr and Mrs X had issues with the use of adjoining land during the 1990s. The land has since been redeveloped and Mr and Mrs X raised concerns about work carried out by the new owners several years ago. They contacted the Council about this at the time and the Council investigated but decided not to take enforcement action.
7. Mr and Mrs X contacted the Council again more recently to report further issues with development at the site. They felt their neighbour had breached planning control and that as a result there may be damage and loss of light to their property. The Council investigated the new issue but again decided there was no actionable breach. Mr and Mrs X complain about the Council’s handling of the matter and believe the Council is responsible for the issues they have experienced.
8. The Ombudsman will not investigate this complaint. Any complaint about the Council’s handling of Mr and Mrs X’s concerns relating to the use of the adjoining land in the 1990s, and any complaint about its handling of their enforcement concerns from more than 12 months before their complaint to the Ombudsman, is late. I have seen no good reasons for the delay in bringing the matter to the Ombudsman and I will not therefore exercise our discretion to investigate these issues. It is also unlikely we could effectively investigate the Council’s actions now or attribute their claimed injustice to these actions, so long after the event.
9. While Mr and Mrs X’s complaint about the more recent planning issue appears within time, we will not investigate it. This is because it is unlikely we would find fault. The Council has used its judgement to determine the development does not require planning permission and any concerns about property damage and Mr and Mrs X’s “right to light” are private civil matters for them to raise with their neighbour. We could not recommend the Council compensates Mr and Mrs X for any current or future damage to their property as a result of their neighbour’s actions and the Council has decided not to take formal enforcement action regarding a minor breach of planning control as it is entitled to do.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because part of the complaint is late and it is unlikely we would find fault in the Council’s more recent decision.

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Investigator's decision on behalf of the Ombudsman