Summary: Mr X complains about the Council’s failure to take enforcement action against a neighbour. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s failure to take enforcement action against a neighbour.

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The Ombudsman’s role and powers

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

• there is not enough evidence of fault to justify investigating, or
• 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. Mr X complained that a neighbour had rented out an outbuilding in their garden which was causing a nuisance.
7. The Council investigated and served an Enforcement Notice against them. The Council is now intending to prosecute the neighbour.
8. Councils can take enforcement action if they find planning rules have been breached. However, councils should not take enforcement action just because there has been a breach of planning control.
9. Planning enforcement is discretionary and formal action should happen only when it would be a proportionate response to the breach.
10. Councils have a range of options for formal planning enforcement action available to them, including:
11. Planning Contravention Notices – to require information from the owner or occupier of land and provide an opportunity to rectify the alleged breach.
12. Planning Enforcement Notices – where there is evidence of a breach, to identify it and require action to remedy it.
13. I am satisfied that the Council properly investigated the matter and has pursued enforcement action against the neighbour.
14. In the absence of administrative fault, the Ombudsman will not pursue this complaint further.

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Final decision

15. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman