Summary: We have ended our investigation into Mr X’s complaint. The majority of issues complained of centre around planning matters including alleged planning breaches and enforcement issues relating to a property in the area near to his home. Some of the issues Mr X complained about are out of time for us to investigate. Also, there is either no injustice caused to Mr X himself by the substantive issues or the injustice is not significant enough to justify our involvement. We will not investigate the Council’s complaint handling as we are not investigating the substantive issues.

The complaint

1. Mr X complains the Council has not taken appropriate action to deal with planning matters he has reported to it linked to a property in the area near to his home. He also complains the Council has not dealt with his complaints about the issue.
2. Mr X says this has caused him distress and frustration.

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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:

• 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

4. I have considered all the information Mr X provided and discussed this complaint with him. I have also considered information the Council sent in response to our enquiries.
5. Mr X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

What happened

6. Mr X was unhappy with multiple works being carried out over a number of years on a property and its grounds in the area near to his home.
7. Beginning in 2022, Mr X began to report issues to the Council. Mr X reported issues throughout 2023.
8. In mid-January 2024, Mr X made a formal complaint to the Council.
9. Mr X and the Council discussed the scope and nature of his complaint throughout 2024.
10. Towards the end of 2024, the Council made the decision not to investigate Mr X’s complaint. The Council considered the number of complaint points had not been made manageable and that it viewed Mr X’s behaviour as unreasonable.
11. The Council signposted Mr X to us.
12. Mr X then progressed his complaint with the Ombudsman.

Analysis

13. Mr X reported multiple issues to the Council. The majority were planning related. Reports began in 2022 and continued during and after he had made his formal complaint to the Council in 2024.
14. In a telephone conversation with Mr X, he explained to me his frustration with how the Council had dealt with the matters he had reported. He felt he had been made to follow planning rules for works to his own property but that others had not done so and this seemed to have little consequence. He felt the Council had not handled his reports with transparency.
15. Mr X explained that a number of the reported issues did not directly affect him or did not have a great impact on matters. He explained that issues did not directly affect his own property.
16. Mr X also explained he had been aware of one reported issue from some time between 2019 and 2021 and several other issues since 2022.
17. The Ombudsman is a publicly funded body. When deciding whether to investigate a complaint further, we must consider whether a complaint has been made to us in time, and whether the person complaining has suffered significant injustice.
18. In the circumstances of this complaint, I am satisfied it is appropriate for us to end our investigation without taking further action.
19. We usually expect people to complain to us within 12 months of the events they are complaining about. Regardless of any perceived injustice, I have seen no good reason why Mr X could not have brought his concerns to us sooner. I will not exercise discretion to investigate matters that are now late.  
20. I also consider there is either no injustice or insignificant injustice to Mr X from the substantive issues he complains of to persuade me to continue my investigation.

Complaint handling

21. Mr X complained about the Council’s handling of and refusal to investigate his complaint any further.
22. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issues.
23. Given this, I am satisfied it is not proportionate to investigate any complaint related matters further.

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Final decision

24. I have ended my investigation. There is either no or insufficient injustice to warrant further investigation and some matters are late.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman