Summary: We will not investigate Mr X’s complaint about the handling of a planning enforcement matter. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has failed to take enforcement action against his neighbour for an alleged breach of planning control.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong, even though a complainant may disagree with it.
5. The Council has investigated the alleged breach and visited the site to see its impact. However, it has decided Mr X’s neighbour’s work does not raise any significant amenity issues and it has therefore decided it does not warrant formal enforcement action. I appreciate Mr X does not agree with the Council’s decision but I have seen no evidence of fault in the way it was reached. We cannot therefore criticise it.

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Final decision

6. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman