Summary: We will not investigate Mrs X’s complaint the Council failed to properly consider her boundary concerns regarding a neighbour’s extension. We could not add to any previous investigation by the Council.

The complaint

1. Mrs X complained the Council failed to properly address her concerns regarding a neighbour’s extension. She said the extension was not being erected in accordance with planning permission the Council had granted.
2. Mrs X said these issues negatively impacted her and her husbands’ mental and physical wellbeing. She wanted the Council to ensure the extension complied with the distance requirements from the boundary.

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The Ombudsman’s role and powers

3. 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 fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mrs X raised her concerns about the boundary with the Council. The Council maintained contact with Mrs X and conducted a site visit to review the building works and boundary.
7. The Council’s investigation concluded the extension was being erected in accordance with the approved plans. It told Mrs X that any concerns about fascias, tiles or guttering encroaching onto her property would be a civil matter and she would need to pursue this with a solicitor.
8. The Council acknowledged its delay in investigating this matter. It explained this was due to staffing issues and apologised to Mrs X.
9. We will not investigate this complaint. This is because the Council investigated Mrs X’s concerns and informed her of its findings. Whilst the Council accepted there had been a delay in its investigation, it explained the reasons for this and apologised to Mrs X. The delay itself did not cause any significant injustice to
   Mrs X, as the outcome would not have been different.
10. The Council referred Mrs X’s complaint about environmental concerns to its Environmental Regulatory Team for consideration.
11. Investigation by the Ombudsman would not achieve any further meaningful outcome, so we will not investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because we could not add to any previous investigation by the Council.

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Investigator's decision on behalf of the Ombudsman