Summary: We will not investigate this complaint about the Council’s failure to follow the complaints process. We do not consider this has caused the complainant sufficient personal injustice to warrant an investigation.

The complaint

1. The complainant, I shall call Mr X, complains the Council took 15 weeks to respond to his complaint about actions of officers following his report of a breach of planning control.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X complains the Council failed to consider his complaint and evidence about the actions of officers following his report of a breach of planning control by his neighbour. He wants the Council to:
• instruct a qualified independent person to investigate his report of a breach of planning control; and
• if any breaches are found the structure should be altered to comply with the planning permission or removed entirely.
6. The Council has inspected the site of the reported breach of planning control. It has decided it is not expedient to taken enforcement action against his neighbour’s garden building which has not been built according to the approved plans.
7. Mr X previously complained to us about the Council’s decision not to take enforcement action and that officers lied when they told him they had taken full measurements. The Ombudsman has issued a final decision statement on these points. We will not revisit these matters.
8. This complaint is about the Council’s failure to follow its complaints procedure. We expect the Council to follow its complaints procedure and adhere to deadlines. However, the Council has apologised for the delay in its response which we consider a suitable remedy for this fault. We do not consider that Mr X has suffered significant personal injustice because of failings in dealing with his complaint alone to justify an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because we do not consider Mr X has suffered a significant personal injustice because of the failure to follow the complaint procedure alone to justify an investigation.

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Investigator's decision on behalf of the Ombudsman