Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action following Mr X’s reports of unauthorised parking on land which was formerly hedgerow. 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 failed to make a proper assessment of the reports he has made concerning the unauthorised use of land in his locale for parking. He says it has failed to correctly establish the harm caused by the continual breach and has refused to take action to ensure the land is returned to hedgerow.

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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. It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question a council’s decision if it has followed the right steps and considered the relevant evidence and information.
7. While Mr X may be disappointed with the Council’s decision not to take enforcement action, it based its decision on the evidence available at the time from an officer site inspection and the information submitted by Mr X. There is no evidence to suggest fault affected its decision.
8. The Council has told Mr X that while it made its decision on the evidence available at the time, should further evidence be made available which clearly demonstrates a constant and continuous use of the land for parking, it will investigate further. However, it has made clear that it has no powers to return the hedgerow to its original condition.

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Final decision

9. 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