Summary: We will not investigate this complaint about the Council’s investigation of reports of breaches of planning control at the complainant’s home. We have not seen enough evidence of fault in the Council's actions to warrant our involvement. Also, we cannot achieve the outcome the complainant is seeking.

The complaint

1. Mrs X complains the Council has investigated reports of breaches of planning control and smoke nuisance at her home. She says these reports were made without foundation. Ms X wants the Council to stop her neighbours from making the reports.

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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
• we cannot achieve the outcome someone wants.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2023 the Council received a complaint about smoke from Mrs X’s property. After speaking with Mrs X, the Council closed the case.
6. Also in 2023, the Council received a report that a business was operating from Mrs X’s home. Following receipt of information from Mrs X, the Council closed the case with no further action.
7. In 2024 the Council received another complaint that Mrs X was running a business from home. The Council sought information from Mrs X. Following receipt of the information, the Council closed the case with no action.
8. I understand Mrs X is frustrated that the Council has accepted these complaints from her neighbour. She wants it to tell the neighbour to stop making unfounded complaints.
9. Councils should investigate reports of breaches of planning control, but they do not have to act against every breach they find. The Government’s National Planning Policy Framework (NPPF) says councils should “act proportionately” in responding to reported breaches.
10. In this case, in response to reports it has received, the Council has asked Mrs X for information. On receipt of the information, the Council has decided there is no breach of planning control, and the investigations have been closed. The Council has acted according to its planning enforcement policy. It cannot require her neighbours to stop making reports.

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Final decision

11. We will not investigate Mrs X’s complaint because there is no evidence of fault in the Council’s investigations of reports of breaches of planning control. Also, we cannot require the Council to tell people to stop reporting suspected breaches of planning control.

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Investigator's decision on behalf of the Ombudsman