Summary: We will not investigate this complaint about the conduct of enforcement agents because there is insufficient evidence fault in the Council’s actions. There is also insufficient evidence of Mr Y suffering significant personal injustice.

The complaint

1. Mr Y complains about the conduct of enforcement agents who attended his neighbour’s property. He says the agents were aggressive, and witnessing this interaction concerned and distressed him.
2. Mr Y wants to Council to carry out a review into its enforcement action.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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 Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y witnessed enforcement agents attend his neighbour’s property. He says the agents caused his neighbour distress and undue pressure. Mr Y complained to the Council about the actions and behaviour of the agents.
7. The Council explained it was limited in how much information it could share with Mr Y, because the enforcement case relates to his neighbour and not him. The Council said it would make communication with Mr Y’s neighbour and the enforcement agents. There is insufficient evidence of fault in the Council’s actions.
8. I acknowledge Mr Y is concerned about his neighbour’s vulnerability and the actions of the enforcement agents. However, we will not investigate this complaint because there is insufficient evidence of Mr Y himself suffering significant personal injustice.
9. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign about something of general concern, but where they have not suffered injustice.
10. Mr Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

11. We will not investigate Mr Y’s complaint because there is insufficient evidence of fault in the Council’s actions. There is also insufficient evidence of Mr Y having suffered significant personal injustice to justify an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman