Summary: We will not investigate this complaint about the Council not taking planning enforcement action. The complaint is made too late and, even this were not the case, we are unlikely to find fault by the Council. Further, the courts are better placed to deal with the matter given the scale of financial loss claimed by the complainant.

The complaint

1. Miss Y has complained the Council has failed to take effective enforcement action against planning beaches near her home. She says her home has been devalued by £400,000 as a result and wants the Council to pay her compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’ which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint which we call ‘injustice’.
4. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault;
• we cannot achieve the outcome someone wants; or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

5. 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 fault by a council. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Miss Y and the Council. I have also considered our Assessment Code.

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My assessment

7. Solicitors acting for Miss Y threatened legal action against the Council in February 2019 saying it had failed to take enforcement action against planning breaches affecting her home. The Council responded in May 2019 with details of action it had taken since at least 2012 and possibly earlier.
8. It is clear Miss Y was aware of the alleged fault by the Council in February 2019 at the latest. It also seems likely she was aware of it much earlier. She did not complain to us until September 2020. The restriction I describe in paragraph 6 applies and there is no reason we should investigate despite it.
9. Further, the Council has listed action it has taken, including taking out injunctions, over several years. In view of this, I consider it unlikely we would find fault by the Council if we investigated.
10. I also note Miss Y’s solicitors have asked the Council to pay her £400,000 compensation, the amount they say the value of her home has reduced because of the alleged fault. Miss Y is, in effect, alleging she has suffered significant financial loss as a result of negligence by the Council. Given this, and the previous threat of court action, my view is the courts would be better placed than us to deal this matter.

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Final decision

11. I have decided we will not investigate this complaint for the reasons given in paragraphs 8 to 10.

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Investigator's decision on behalf of the Ombudsman