Summary: We will not investigate this complaint about the Council’s decision to allow a neighbour’s development which has affected Ms X’s property and the open plan aspect of the estate she lives on. This is because we are unlikely to find evidence of fault by the Council and we cannot achieve the outcome Ms X seeks.

The complaint

1. The complainant, who I call Ms X, says the Council has failed to comply with the statutory requirements regarding the height of fences and buildings in front gardens. She says she wants the Council to reverse its retrospective planning decision which gave consent for her neighbour’s buildings and fencing which impact her property and the estate.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call “fault”. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Council that it had not followed due process when it granted retrospective planning permission for building and fencing erected by a neighbour, and she asked that the permission be rescinded.
7. The Council addressed the various issues Ms X raised but it found no fault with the decision or in the decision-making process.
8. We do not act as an appeal body and we cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. Ms X clearly has a view on this matter and disagrees with the decision taken. However, it is officers exercising their professional judgement who are charged with making the decision and I have seen no evidence to suggest fault affected it. Moreover, an investigation would not lead to the outcome Ms X seeks.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council and we cannot achieve the outcome Ms X seeks.

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Investigator's decision on behalf of the Ombudsman