Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action against breaches of planning control and for failing to keep the complainant updated. There is not enough evidence of fault in the way the Council made its decision not to take enforcement action. And we do not consider the failure to update the complainant caused a significant personal injustice.

The complaint

1. Mr X complains the Council has reneged on an agreement to take enforcement action against breaches of planning control by his neighbour.
2. He also complains it failed to provide updates as agreed.

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The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council confirms it has investigated Mr X’s reports that his neighbour has breached planning control in a conservation area. It acknowledged that two former officers may have considered the breaches to be detrimental to the conservation area. However, neither officer took action before leaving the Council’s employment.
7. The Council’s current enforcement officers have visited the site and decided the breaches of planning control by the neighbour are not so harmful to the conservation area. It has decided it is not expedient to take enforcement action against the breaches.
8. I understand Mr X disagrees with the Council. However, the Ombudsman does not provide a right of appeal against the Council’s decision not to take enforcement action. Our role is to review the process by which the Council has reached its decision.
9. I am satisfied the Council has properly investigated Mr X’s concerns. Enforcement officers have visited the site. The Council has decided it would not be expedient to take enforcement action.
10. I understand Mr X disagrees. But the Council has explained why it will not take enforcement action and it was entitled to use its professional judgement to decide formal action was not necessary. As the Council properly considered if it should take enforcement action, it is unlikely we would find fault.
11. Mr X also complains the Council failed to keep him updated. From the information I have seen the Council did keep him updated, however, there was a gap in communication because of a personnel change. I acknowledge Mr X found this frustrating, however, I do not consider the injustice arising from this point is significant enough to justify an investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council decided not to take enforcement action against breaches of planning control by his neighbour. And the gaps in communication with Mr X did not cause a significant personal injustice which warrant an investigation.

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Investigator's decision on behalf of the Ombudsman