Summary: We will not investigate Mrs X’s complaint about the Council not taking enforcement action of a breach of planning control. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mrs X complains about the Council not taking enforcement action of a breach of planning control. She says that as there was no planning application she lost any opportunity to object against the development. She says the development has caused traffic issues which she believes needs to be assessed through a planning application process.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. 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), or section 34B(8)).

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How I considered this complaint

4. I considered information provided by Mrs.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. In Mrs X’s online report to the Council, she did not specify that she was affected by the breach of planning control. I recognise she told us the development has caused traffic issues. However, the Council has not received any other reports in relation to the development, nor has it identified any material harm caused by the development. The injustice she complains of is therefore not significant enough to justify us investigating.

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Final decision

8. We will not investigate Mrs 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