Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council did not deal properly with his report that a neighbouring business had erected a structure that blocks windows in Mr X’s commercial premises. Mr X says one room of his property now lacks any natural light and so relies on electric lights.

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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 any injustice is not significant enough to justify our involvement(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. Whilst I acknowledge Mr X might prefer natural light in his property, he says the current tenants are not too concerned by having to use electric light. Mr X is worried that any future prospective tenants might be put off by the lack of natural light in the affected room. However, we focus on injustice that has already happened, not any speculative future injustice. Mr X is concerned about safety in his property if the electric lights were to cut out. But it is his responsibility, as the owner, to ensure a plan is in place for any such emergency. Any injustice Mr X is experiencing is not significant enough to justify our involvement.

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Final decision

7. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman