Summary: We will not investigate this complaint about the Council’s response to concerns raised by Mr X about the activities of a neighbour. This is because we are unlikely to find evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has failed to take action against various activities by a neighbour concerning planning and highway matters. He says his neighbour can get away with flouting the rules and regulations while he has had obstacles put in his way in relation to his own planning application, so much so that he withdrew his application.

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The Ombudsman’s role and powers

2. We 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. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (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 the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has complained to the Council about the activities of a neighbour in relation to planning and highway matters.
6. The Council has addressed the concerns raised and explained that some of the activities complained about are regarded as a low priority for the Council. It is the Council’s role to determine an issue’s priority and not the Ombudsman.
7. Mr X has compared his neighbour’s activities to his wish to receive planning permission for development at his own property. However, the two issues are separate. Mr X can apply for planning permission in the normal way and if permission is refused, he has appeal rights to the Planning Inspectorate.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council or injustice caused to Mr X sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman