Summary: We will not investigate this complaint about how the Council dealt with a report of a breach of planning control. This is because the complaint is late and there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council did not take appropriate action in response to a number of complaints regarding her mother, Mrs Y’s neighbours. She said the Council’s lack of action has had an impact on her mental health. She would like the Council to consider taking enforcement action in relation to a neighbour’s fence.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 there is not enough evidence of fault to justify investigating. (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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council visited Mrs Y’s property to inspect the fence in April 2024. Ms X did not complain to the Ombudsman until September 2025. Therefore, this is a late complaint and we should not investigate. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Ms X to have complained to us about the matter sooner.
7. Not all development needs planning permission from local planning authorities. Certain developments are deemed permitted, providing they fall within limits set within regulations. This type of development is known as ‘permitted development’.
8. In its complaint response, the Council advised Ms X it had visited Mrs Y’s property in April 2024 and assessed the fence against the relevant planning regulations as set out in Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended). The Council decided the fence was permitted development and did not need planning permission. The Council advised Ms X there was no further action the Council could take in relation to the fence.
9. In its stage 2 complaint response, the Council told Ms X that amendments to planning regulations in June 2025 did not change their advice about the fence.
10. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council visited Mrs Y’s property, assessed the fence and decided that it was permitted development. I have seen no information to indicate the Council’s assessment of the fence was affected by fault.

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Final decision

11. We will not investigate Ms X’s complaint because the complaint is late and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman