Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against Mr X’s neighbour. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council has not taken enforcement action against his neighbour, who he says is using their premises to run a business. Mr X says this led to an increase in noise and light pollution, parked vehicles and traffic. He feels that this has interfered with his enjoyment of his home and poses a danger to residents. Mr X would like the Council to take enforcement action against his neighbour.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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 continue 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

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

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My assessment

6. We expect councils to consider allegations and decide what, if any, investigation is necessary. If the council decides there is a breach of planning control, it must consider what harm is caused to the public before deciding if enforcement action is required. Providing the council follows this process, it is free to make its own judgement on how or whether to act.
7. In response to Mr X’s concerns the Council conducted several visits to the neighbouring property at different times and spoke with the owner and neighbours. It also discussed Mr X’s concerns with him and reviewed photographs that he provided.
8. Following these enquiries, the Council found no signs of business activity at the property. As a result, it did not think that there had been a material change of use and, therefore, that enforcement action was not required. It explained its decision to Mr X. There is not enough evidence of fault in the steps the council took to investigate Mr X's concerns about enforcement to justify our involvement.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman