Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against the owners of two premises for unauthorised changes of use. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council’s actions have not caused Mrs X significant injustice.

The complaint

1. The complainant, Mrs X, complains the Council has failed to take enforcement action for unauthorised changes of use by the owners of two premises. She says the issue has impacted on the wellbeing of local residents and caused loss of income for local businesses.

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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)

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How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. Mrs X does not herself claim any significant personal injustice from the Council’s failure to take enforcement action. Rather, she complains about the impact of the matter on local residents and businesses. However, Mrs X has not provided any consent from specific residents or businesses to represent them in the complaint and she says that some of those affected intend to make their own complaints. It would therefore be more appropriate to consider the impact on those most affected as part of their personal complaints. This will allow us to determine whether they have suffered significant injustice warranting further investigation.
6. I would however ask the residents and businesses to note that it is highly unlikely that we could make any connection between the Council’s actions and any loss of income claimed by local businesses. It is also unlikely we would recommend a remedy for the impact of vehicles parking on the public highway as this is not a planning enforcement issue and the absence of parking restrictions means they were entitled to park there. The impact is in any event little different from that which could have occurred under the approved lawful use of the premises.

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Final decision

7. We will not investigate this complaint. This is because the Council’s actions have not caused Mrs X significant injustice and there is insufficient public interest to warrant further investigation at this time.

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Investigator's decision on behalf of the Ombudsman