Summary: We will not investigate this complaint about the Council’s decision to ignore breaches of planning control and building regulations. We do not consider the complainant has suffered significant personal injustice because the Council’s actions. The complainant also raises concerns about council tax banding and benefit fraud. These matters are dealt with by bodies outside our jurisdiction.

The complaint

1. Mr X complains the Council is ignoring evidence of breaches of planning control and building regulations and is failing to act.
2. He also complains the Council has incorrectly banded properties for council tax and not investigating benefit fraud.

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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 there is not enough evidence of fault to justify investigating.

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

4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Agency or the Department of Work and Pensions.

(Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council that his neighbour has:
• rented out two self-contained flats
• failed to follow approved plans; and
• Installed a heating system with no certificate.
8. He wants:
• The neighbouring properties to be put back to comply with approved plans.
• The properties banded with the Valuation Office Agency as two homes and not several flats.
• An investigation to establish who is living in the properties and;
• Neighbour(s) investigated for benefit fraud
9. The Council is not responsible for Council Tax bandings. It has confirmed it has forwarded all relevant information to the Valuation Office Agency (VOA). The VOA is not a body within our jurisdiction.
10. Allegations of benefit fraud are investigated by bodies such as the Department for Work and Pensions (DWP), not the Council. The DWP and other relevant bodies are not within our jurisdiction.
11. The Council has confirmed:
• There are no open planning enforcement cases on the site
• It is considering possible next steps on the installation of two oil storage tanks which do not benefit from Building Regulations approval.
12. I understand Mr X is unhappy with his neighbour’s actions. However, the injustice he is claiming appears to flow from the actions of his neighbour rather than the Council.

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Final decision

13. We will not investigate Mr X’s complaint because:
• we cannot investigate matters relating to bodies outside our jurisdiction; and
• we do not consider Mr X has suffered a significant personal injustice because of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman