Summary: We will not investigate this complaint about the Council’s decision to take enforcement action in connection with Mrs X’s dormer window. It was reasonable to expect Mrs X to have used her appeal right to the Planning Inspector against the serving of the enforcement notice. And further investigation into Mrs X’s other concerns is unlikely to lead a different outcome or achieve the outcome requested.

The complaint

1. Mrs X complains that the Council acted with fault in its handling of planning enforcement action concerning a dormer window at her property.
2. In summary, Mrs X says the Council:
1. gave misleading verbal advice during a site visit in November 2023, indicating the dormer was acceptable.
2. failed to confirm any concerns in writing for a prolonged period, leading her to continue and complete the works at significant cost.
3. took enforcement action almost 19 months later, relying on disputed and unrecorded conversations.
4. failed to take proper account of her intention to appeal the enforcement notice.
3. Mrs X says she has been caused significant financial loss, distress and harm to her mental health.
4. She asks that the notice be withdrawn or suspended and that she be compensated.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
7. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about planning enforcement notice.
8. 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 further investigation would not lead to a different outcome or achieve the outcome requested. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

9. I considered information provided by Mrs X and the Council’s responses to her complaint. I also considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council has investigated Mrs X’s complaints. It acknowledges and apologises for the delay in its actions and admits inadequate record‑keeping of its home visit in November 2023. However, it emphasises that from December 2024 onwards, it clearly advised in writing that the dormer was unacceptable and that enforcement action would follow if the breach in planning was not remedied.
11. We will not investigate. The complaint was triggered by the Council’s decision to take planning enforcement action via the serving of a planning enforcement notice. This could have been appealed to the Planning Inspectorate which is the appropriate remedy.
12. The Ombudsman cannot overturn enforcement notices and is not an alternative appeal body. Therefore, it was reasonable to expect Mrs X to use her statutory right to appeal to achieve the outcome sought, notwithstanding her difficult personal circumstances at the time. I note she had assistance from a planning agent and a family member who could have helped her to appeal within the notice expiry date set by the Planning Inspector, beyond the Council’s control.
13. Turning to Mrs X’s allegation of an officer providing her with misleading advice: this depends on disputed verbal conversations from November 2023. There is no contemporaneous written evidence confirming the allegation, and the Council disputes the account. The Ombudsman is unlikely to be able to make reliable findings on such matters. So, an investigation is unlikely to lead to a different outcome or achieve the outcome requested.

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Final decision

14. We will not investigate Mrs X’s complaint mainly because she had a right of appeal to the Planning Inspector. An investigation into her remaining concerns is unlikely to lead to a different outcome or achieve the outcome requested.

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Investigator's decision on behalf of the Ombudsman