Summary: We will not investigate Ms X’s complaint about the Council’s decision not to take formal enforcement action against her neighbour. This is because there is no evidence of fault in the way the Council reached its decision.

The complaint

1. The complainant, Ms X, complains the Council has decided not to take formal enforcement action against her neighbour for breaches of planning control which she thinks have reduced the value of her property and have damaged the building.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. While Ms X believes the Council is under a duty to take formal enforcement action this is not the case. The Council has powers to take action but its powers are discretionary. In deciding whether to take formal action the Council must consider the harm caused by any breach. National guidance is clear that formal action is a last resort.
6. Ms X clearly disagrees with the Council’s decision but I have seen no evidence of fault in the way it was reached; we cannot therefore question it. The Council has considered the impact of Ms X’s neighbour’s development but decided it does not warrant formal action and this is a decision it was entitled to reach. Ms X is concerned about the impact of the development on the value of her property and the integrity of the building but these are not material planning issues and cannot be used as grounds for formal action. If Ms X considers the development has damaged her property she may wish to seek legal advice about a claim against her neighbour.

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Final decision

7. We will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman