Summary: We will not investigate this complaint about the Council deciding not to take enforcement action against an incomplete development. The alleged fault has not caused the complainant a significant personal injustice.

The complaint

1. Mr X says the Council has used improper and illegitimate reasons for not taking enforcement action against an incomplete development.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered:
• information provided by Mr X.
• information about the planning application on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

4. Our main role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
5. I appreciate Mr X thinks the incomplete building causes visual harm to the natural character and openness of the surrounding landscape. But given the distance between Mr X’s land/property and the site, with intervening vegetation and buildings, I am not persuaded the personal injustice to Mr X is significant enough for us to pursue his concerns further.

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Final decision

6. We will not investigate Mr X’s complaint because the alleged fault has not caused him a significant personal injustice.

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Investigator's decision on behalf of the Ombudsman