Summary
Ms X complains about the Council’s failure to take enforcement action against a neighbour who has erected gazebos in the back garden. The Ombudsman will not investigate this complaint because the matter is to be remedied by the Council.
The complaint
Ms X complains about the Council’s failure to take enforcement action against a neighbour who has erected gazebos in the back garden.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
I considered the complainant’s comments on my draft decision.
My assessment
Ms X says that her neighbour, who has planning permission for the use of a gazebo in the back garden, has erected more which has caused her noise nuisance.
The Council says that they understood that her complaint was about the movement of an existing gazebo which is why they originally said that no action would be taken as the gazebo had planning permission.
However, they now say that they will investigate the matter and will decide whether enforcement action should be taken if a breach has been proved.
I am satisfied that the Council’s agreement to investigate the matter is a reasonable response to the complaint. If the Council concludes that no breach has occurred Ms X can make a new complaint to this office.
Final decision
I do not intend to investigate this complaint because the matter has been remedied to the Ombudsman’s satisfaction.
Investigator's decision on behalf of the Ombudsman