Isle of Wight Council (25 000 618)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the frequency of the Council issuing Planning Contravention Notices. This is because there is not enough evidence of fault to justify investigating.
The complaint
- Mr X says the Council are harassing him and discriminating against him by frequently issuing PCNs) and not making reasonable adjustments for his medical condition.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Mr X’s complaint about the PCNs issued by the Council because there is insufficient evidence of fault. The Council has a duty to take enforcement action when it is told about potential planning contraventions. The Council has issued PCN’s to Mr X as part of its duty to assess whether any breach has occurred. If Mr X does not comply with the PCN then the Council can take enforcement action. Mr X will have the right to appeal if the Council takes enforcement action.
- There is also insufficient evidence of fault with how the Council dealt with Mr X’s reasonable adjustments. Mr X has highlighted his medical condition, and the Council has made reasonable adjustments to accommodate this. The Council told Mr X the steps it would take to accommodate his medical condition if it decided to take enforcement action.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman