Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning matter. This is because the injustice he claims is the result of his neighbour’s actions rather than any fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council failed to take action against his neighbour for unauthorised building works. He says the works have made his house unsafe and as a result remedial works will be required, causing significant financial loss.

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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 may decide not to start an investigation if 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 Ombudsman’s Assessment Code.

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My assessment

4. The Council’s role as local planning authority is to decide if development is acceptable in planning terms. The Council cannot consider or resolve complaints of property damage, which are a private civil matter between property owners.
5. Mr X’s claimed injustice results from the actions of his neighbour rather than any fault by the Council. It is not for us to say the Council must take action against his neighbour and even if it did, this would not reverse the damage he says has been done to his property. The Council is not responsible for this damage and we cannot say it must pay the cost of any repairs.

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Final decision

6. We will not investigate this complaint. This is because the injustice Mr X claims results from the actions of his neighbour and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman