Summary: We will not investigate this complaint about how the Council responded to Mr X’s concerns of alleged breaches of planning control. This is because there is not enough evidence of fault in the way the Council reached its decision to justify investigating, and there is another body better placed to consider part of Mr X’s complaint.

The complaint

1. Mr X complained the Council did not properly consider his complaint, provided him with misleading information and did not take planning enforcement action. He said the Council’s actions have led to him not feeling safe and exposed to antisocial behaviour. He would like planning enforcement action to be taken.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X contacted the Council about an alleged breach of planning control at a nearby property.
7. The Council wrote to Mr X in March 2025 to tell him it had conducted a site visit, spoken to the nearby property, considered the planning history and current planning legislation, and reviewed historic aerial photographs. The Council told Mr X that it had decided there had been no breach of planning control.
8. Mr X complained to the Council that it had not properly considered all the reported planning control breaches.
9. In its complaint response, the Council told Mr X it had considered all of his reports and was satisfied the case had been fully investigated and there was no breach of planning control.
10. I appreciate Mr X may be disappointed with the Council’s decision, but the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council made its decision. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
11. In this case, the Council spoke with Mr X and the nearby property, consulted relevant planning documents and legislation and concluded there had been no breach of planning control. This is a decision the Council is entitled to make and there is not enough evidence to suggest fault affected it.
12. Mr X also complained the Council provided him with incorrect information in response to an Environmental Information Regulations (EIR) request.
13. I understand Mr X’s frustrations, but we will not investigate this part of his complaint. This is because the Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.
14. Where someone has a complaint about access to information, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints.

Back to top

Final decision

15. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the way the Council reached its decision to justify investigating, and there is another body better placed to consider part of Mr X’s complaint

Back to top

Investigator's decision on behalf of the Ombudsman