Summary: We will not investigate this complaint about the Council’s investigation into Mr X’s claims that a business is being run in a residential area. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has failed to fully investigate his reports of a business being run in a residential area close to his property. He says the business causes noise nuisance and problems for him in accessing his garage and the rear of his property.

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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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr X and the Council, including its responses to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about a business being run in a residential area near his property causing noise nuisance, blocking his garage and access to the rear of his property.
7. The Council visited the site on a number of occasions, spoke to the person carrying out the activities complained about and issued a Planning Contravention Notice to gather further information. Having investigated, the Council advised Mr X that on the evidence available it did not consider a material change of use had taken place which required planning permission and that it would not take any further action in connection with the case.
8. In responding to Mr X’s complaint about the matter, the Council noted Mr X’s dissatisfaction with its decision but confirmed it had found no procedural faults in its consideration of matters and that as the situation had not changed significantly it would not reopen its investigation.
9. It is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Mr X remains unhappy with the outcome of the Council’s investigation, there is no evidence to suggest fault affected it.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman