Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against a breach of planning control. We have considered this matter in 2023 and will not consider it again. Mr X also complains about a breach of building regulations and failure to protect his family from racial abuse. We have not seen enough evidence of fault on the building regulations matter. And Mr X can report racial abuse to the police. Finally, we cannot require the Council to demolish the neighbour’s outbuilding.

The complaint

1. Mr X complains the Council has failed to take action against his neighbour whom he says has not built an outhouse according to plan.
2. He also says the Council has:
• Enabled his neighbour to racially abuse his family; and
• Enabled his neighbour to encroach on his boundary.

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The Ombudsman’s role and powers

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, or
• we cannot achieve the outcome someone wants.

(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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We have previously considered Mr X’s complaints about a failure to act on his neighbour’s breach of planning control and encroachment on his land. We will not consider these matters again.
7. The Council says its building control officer visited the neighbour’s property and confirmed no building work is currently taking place that requires Building Regulations approval.
8. It also confirms the neighbour’s outbuilding has Building Regulations approval through the approved inspector scheme.
9. Mr X can report racial abuse to the police. He can also report anti-social behaviour by his neighbour to the Council’s ASB team. Information on how to do this is available on the Council’s website.
10. Boundary disputes are not Council’s matters. If Mr X believes his neighbour has encroached on his property, it is for him to resolve this civil matter with his neighbour direct or seek his own legal advice.
11. Mr X wants the neighbour’s outbuilding demolished. This is not something the Ombudsman can achieve.

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Final decision

12. We will not investigate Mr X’s complaint because:
• We will not reconsider matters we previously considered in 2023.
• We have not seen enough evidence of fault in the Council’s actions to justify an investigation; and
• We cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman