Summary: We will not investigate this complaint about the Council’s handling of a planning enforcement case. It is reasonable to expect the complainant to have contacted us sooner in relation to the earlier events, there is not enough evidence of fault in the way the planning enforcement decision was reached, and the Council has now taken appropriate action in response to the complaint.

The complaint

1. Mr X complains the Council has failed to take planning enforcement action in relation to the flooding of his land following the development of a neighbouring site.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can investigate 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we are satisfied with the actions the organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

4. In relation to the first bullet point above, we can 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)
5. And we cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered:
• information provided by Mr X and the Council, which included its complaint responses.
• information about the planning application on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

7. The 12-month time restriction detailed in paragraph 5 above would apply to any parts of Mr X’s complaint about the enforcement case registered in 2021. Whilst I note the Council accepts it did not update Mr X about the outcome of this case at the time, I would still expect him to have contacted the Ombudsman sooner than early-2024 if he was unhappy with the delay. I do not consider there are grounds to exercise discretion to investigate these earlier events now.
8. And even if this time restriction did not apply, the Ombudsman does not act as an appeal body against enforcement decisions taken by the Council. This means we do not take a second look at a decision to decide if it was wrong. Rather, we consider if there was any fault in the way the decision was made. If we decide there is not enough evidence of fault in how it did so, we cannot question whether it should have reached a particular decision or say it should have reached a different outcome.
9. The Council has conducted two, separate desktop assessments and considered Mr X’s photographs. It has explained why it does not believe the drainage layout condition on the planning permission has been breached, and that the flooding he is experiencing is a civil matter between himself and the landowner. I find there is not enough evidence of fault in the way the Council has reached this planning enforcement decision, so we will not start an investigation into this aspect of the complaint.
10. Finally, the Council has apologised for the lack of clear communication and updates on the status of the enforcement case, and says it is reviewing its procedures to ensure improvements are made. It has also discussed the issues during a meeting with Mr X, and subsequently visited him. The Council has also highlighted Mr X’s concerns in letters to, and during a meeting with, the landowner. I am satisfied the Council has taken appropriate action when responding to Mr X’s complaint in 2024, so we will not start an investigation for this reason also.

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Final decision

11. We will not investigate Mr X’s complaint because part of it is late, there is not enough evidence of fault in the way it reached its planning enforcement decision, and we are satisfied with the action the Council has now taken in response to the complaint.

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Investigator's decision on behalf of the Ombudsman