Summary: Ms X complains that the Council decided not to take planning enforcement action against a neighbour who has erected a fence. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains that the Council decided not to take planning enforcement action against a neighbour who has erected a fence.

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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.

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

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

4. Ms X’s neighbour erected a fence alongside her house which restricts Ms X’s access to the back of her house. The Council’s Planning Officer visited and took photographs of the fence and site.
5. The Council concluded that the fence did not need planning permission and was sited on the neighbour’s land. It advised Ms X that any dispute about the land is a private matter for the courts. It said that there was no breach of planning to enforce.
6. I am satisfied that the Council properly investigated the matter. In the absence of procedural fault, it is not for the Ombudsman to question the merits of the Council‘s decision.

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Investigator's decision on behalf of the Ombudsman