Hastings Borough Council (20 007 470)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council has dealt with an alleged breach of planning control. The alleged fault by the Council could not have caused significant injustice to those making the complaint.
The complaint
- The complainant, who I refer to here as Mrs X, has complained on behalf of members of a residents’ association. She says the Council has failed to deal with an alleged breach of planning control.
The Ombudsman’s role and powers
- 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 an investigation if, for example, we believe:
- any fault has not caused injustice to the person who complained; or
- any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mrs X said in her complaint and information on the Council’s website. Mrs X commented on a draft before I made this decision.
What I found
- Mrs X has complained the Council has not taken action on an alleged breach of planning control. This relates to a building on a caravan park.
- Planning authorities may take enforcement action where there has been a breach of planning control. Enforcement action is discretionary.
- The nearest resident represented by Mrs X lives about 470 metres from the building in question and is not directly affected by the alleged planning breach.
Final decision
- I have decided we will not investigate this complaint. This is because, if there had been any fault by the Council, it cannot have caused injustice to a resident represented by Mrs X that would justify our involvement.
Investigator's decision on behalf of the Ombudsman