Summary: We will not investigate this complaint about how the Council dealt with possible breaches of planning control. This is because the complainant has not suffered significant injustice as a result of the alleged fault.

The complaint

1. Mr X has complained about how the Council dealt with possible breaches of planning control. Mr X says the alleged breaches were not properly investigated. He says there were delays and information and facts were ignored. Mr X says he has been caused significant stress and suffered financial losses because of the Council’s actions.

Back to top

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
• any injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X has complained about the Council’s enforcement investigations for a site he owns. However, the Council ultimately decided not to take formal enforcement action against Mr X. Therefore, I do not consider he has suffered any significant injustice because of any alleged fault with the Council’s investigations.
5. Mr X says the investigations meant there were delays selling the property and he incurred costs seeking professional advice. However, councils have a duty to investigate possible planning breaches, and it is not unusual for enforcement investigations to be ongoing for some time, particularly when the issues involved are complex. It was also Mr X’s decision to seek further advice.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because he has not suffered significant injustice as a result of the alleged fault.

Back to top

Investigator's decision on behalf of the Ombudsman