Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action about the siting of an oil tank by Mr X’s neighbour. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has not taken action to ensure an oil tank installed by his neighbour is moved to its previous location thereby reducing its negative impact upon his property and the surrounding land.

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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 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, including its response 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 the re-siting of his neighbour’s oil tank to a location which he says negatively impacts his property and the surrounding land.
7. The Council’s Planning and Building Control Teams considered the matter and visited the site but decided not to take enforcement action.
8. This is a decision the Council is entitled to take and its merits are not open to review by the Ombudsman. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
9. We do not investigate every complaint we receive and as there is no evidence to suggest fault affected the Council’s decision, we will not pursue the complaint further.

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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 sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman