Thurrock Council (25 003 976)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 06 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in dealing with the complainant’s report of a breach of planning control. We have not seen enough evidence of fault to justify an investigation. And an investigation would not lead to a different outcome.
The complaint
- Mr X complains the Council has delayed in taking enforcement action against his neighbour’s breach of planning control.
The Ombudsman’s role and powers
- 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
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to my enquiries the Council confirms it has increased staff numbers for its enforcement team which is allowing it to progress older cases which cause less immediate harm to the general public.
- It also confirmed there is an open enforcement case regarding the breach of planning control at the property next to Mr X’s home. It expects to provide a substantive response to Mr X by the end of March 2026.
Final decision
- We will not investigate Mr X’s complaint. We have not seen enough evidence that the Council is failing to deal with Mr X’s report of a breach of planning control according to its enforcement plan to justify an investigation. Also, there is an ongoing case and an investigation by the Ombudsman is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman