Summary: We will not investigate this complaint about planning enforcement as there is no evidence of fault by the Council causing significant injustice.

The complaint

1. Ms X complains that the Council has refused to take enforcement action against her neighbour for the height of the aligning fence.

Back to top

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), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X says that her neighbour’s fence is too high as a trellis has been added. That trellis has now been removed and so there would be no grounds for the Council to take action.
6. Ms X further complains about the style and timings of the Council’s emails but I do not consider that there is sufficient injustice from this to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman