Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s failure to take enforcement action to deal with overlooking to her property. This is because it is unlikely we would find fault by the Council causing Mrs X injustice and we cannot achieve the outcome Mrs X wants.

The complaint

1. The complainant, Mrs X, complains about overlooking to her kitchen from a clear-glazed window facing her 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)

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How I considered this complaint

3. I reviewed Mrs X’s complaint and the Council’s responses. I shared my draft decision with Mrs X and discussed it with her.

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What I found

4. Mrs X is unhappy she can see into her neighbour’s property from her kitchen window. She believes her neighbour’s window should be obscure-glazed.
5. The Council has investigated the matter but found no basis to take action. There is no breach of planning control and while Mrs X would like her neighbour’s window to be obscure-glazed there is no formal requirement for this; the Council cannot therefore say her neighbour must make changes.
6. The Ombudsman will not investigate this complaint. The neighbour’s window has been in place since before Mrs X bought her property so any injustice she claims is the result of her decision to purchase the property rather than any action by the Council. If she felt there was unacceptable overlooking between the properties she may have decided to move elsewhere. Alternatively she may obscure-glaze her own window. But we cannot recommend action against Mrs X’s neighbour to achieve something there is no requirement or legal basis for.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault by the Council causing Mrs X injustice and we cannot achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman