Hampshire County Council (24 009 075)

Category : Planning > Enforcement

Decision : Closed after initial enquiries

Decision date : 09 Dec 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of various issues related to the proximity of a school close to Ms X’s home. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

  1. Ms X complains about the Council’s handling of various issues related to the proximity of a school close to her home, including restrictions on when work and maintenance should be carried out at the school. She also complains about the Council’s handling of her complaint.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • 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

  1. I considered information provided by the complainant and the Council, including its response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We do not investigate every complaint we receive and we will not investigate when an investigation is unlikely to usefully add to that already carried out by the Council or lead to a significantly different outcome.
  2. Various issued raised by Ms X have now been addressed by the Council and it has liaised with the school about matters which fall under the school’s control.
  3. There was some fault in the Council’s complaint handling. However, it has apologised for delay and made a goodwill offer of £50 to Ms X and we will not investigate complaint handling when we are not investigating the substantive issue.

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Final decision

  1. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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