Summary: We will not investigate this complaint about the Council’s decision on the complainant’s report of unauthorised development. There is no evidence of fault in the way the Council considered the report and decided not to take any action.

The complaint

1. The complainant, I shall call Mr X complains the Council has failed to act on his report of a breach of planning control. He says the Council has discriminated against him and lied to him.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X reported a breach of planning control. He says someone has erected an unauthorised development in the green belt.
6. A Council Planning Officer inspected the site. He established the structure is a temporary play shelter. The Council is satisfied there is no breach of planning control.
7. We expect councils to consider allegations and decide what, if any, investigation is necessary. If a council decides there is a breach of control, it must consider what harm is caused to the public before deciding how to react. Providing the council is aware of its powers and follows this process, it is free to make its own judgement on how or whether to act.
8. I am satisfied the Council responded properly to Mr X’s allegation of a breach of planning control. The Council has considered its powers, visited the site, and decided there in no planning breach. Without any administrative fault in the process, we cannot criticise the Council’s decision. I have seen no evidence to support Mr X’s claim of discrimination.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault in the process the Council followed leading to its decision that there is no breach of planning control.

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Investigator's decision on behalf of the Ombudsman