Summary: We will not investigate this complaint about how the Council dealt with an alleged breach of planning control. Any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council failed to deal with parking on an area of green space which did not have planning permission for that purpose. Mr X is unhappy about how the Council handled his complaint.

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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. Mr X complained to the Council about regular parking on an area of green space near an entrance to his village. He says the parking creates an eyesore. Mr X’s home is in a different part of the village. Seeing this on his way in and out of the village or when he is in the area might frustrate Mr X but this is not significant enough personal injustice to justify us investigating.
7. Mr X also complained about the Council’s handling of his complaint. It is not a good use of public resources to investigate complaint procedures if we are unable to deal with the substantive issue.

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Final decision

8. 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