Summary: Ms X complains about the Council’s failure to take enforcement action against a nearby development. We will not investigate this complaint because there is no evidence of fault by the Council causing significant personal injustice to Ms X.

The complaint

1. Ms X complains about the Council’s failure to take enforcement action against a nearby development.

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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. Ms X says that a local sports club has raised the height of their land without planning permission. She says that this has caused inconvenience and nuisance to neighbours living adjacent to the club.
7. The Council says they have investigated this and are satisfied that the works carried out are acceptable. These include re-grading the levels of existing pitches and these works are near completion. The Council has asked for more information from the club about tree planting to minimalise the risk of damage caused by cricket balls escaping the site.
8. I am satisfied that the Council has properly investigated whether or not enforcement action was required. Ms X's dissatisfaction lies with the merits of the Council's decision not to take action but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.
9. Neighbours affected by the increased land levels may make their own complaint if they so wish but I do not consider that the injustice caused to Ms X warrants investigation as she lives further away. I also note that the works are near completion and so there would be less to gain by investigation.
10. Ms X also complains about criminal actions carried out by the club but these are matters for the Police and not the Council.

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Final decision

11. I do not intend to investigate this complaint because there is no evidence of fault by the Council causing Ms X significant injustice.

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Investigator's decision on behalf of the Ombudsman