Tameside Metropolitan Borough Council (22 007 935)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 29 Nov 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a failure to investigate a planning enforcement complaint as there is no significant injustice caused by the delay.
The complaint
- Ms X says that a neighbour has erected a fence, shed and decking on common ground at the back of their house without planning permission.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X made her first complaint to the Council in November 2021 but did not receive a comprehensive reply until June 2022. The Council apologised for the failure to investigate the matter and explained that the complaint was not given a high propriety given their limited resources.
- In reaching that view the Council said that the matters related to private rights of ownership and access which could not be resolved through planning enforcement action.
- The Council’s reasons for the delay in investigation of the complaint are not fault and the Ombudsman would not be critical of this decision. Nevertheless, the Ombudsman would expect the Council investigate the matter within a reasonable time. If no action has been taken by the Council by January 31st 2023 she may pursue her complaint again with this office.
Final decision
- We will not investigate Ms X’s complaint because the delay is not fault.
Investigator's decision on behalf of the Ombudsman