Summary: We will not investigate this complaint about the Council’s decision not to exercise its enforcement powers against an unauthorised development carried out by the complainant’s neighbour.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to take enforcement action against an unauthorised development carried out by her neighbour.

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The Ombudsman’s role and powers

2. We consider 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)).

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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. Mrs X complained to the Council that her neighbour erected an unauthorised development. She said this had an impact on hers and her family’s privacy. It also had an impact on their amenity.
6. The Council acknowledged that Mrs X’s neighbour did not apply for planning permission for the development. It carried out a site visit and made a decision that it would not be expedient to use its powers of enforcement. It noted that permission would have been granted if applied for in the correct manner.
7. We will not investigate this complaint because there is insufficient evidence of fault in the way the Council used its professional judgment to determine it was not expedient to use its enforcement powers in this case. Where a decision is properly made, it is not for the Ombudsman to question the Council’s judgement.
8.  

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault to warrant investigation.

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Investigator's decision on behalf of the Ombudsman