The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to take enforcement action for breaches of a caravan site licence condition. This is because there is insufficient evidence of fault in how the Council dealt with the matter.
The complaint
The complainant, who I will call Mrs X, complains about the Council’s decision not to take enforcement action against a caravan park where she lives. Mrs X says a neighbouring caravan has made adaptions which means it is in breach of rules which dictate separation distances of caravans. Mrs X also complains that there is insufficient drainage at the park.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
On receiving a report of a breach of licencing conditions we expect a council to investigate the reported action and decide if it will take enforcement action or not.
In this case the Council consulted with the park owner and fire service and considered the relevant guidance in relation to separation distances. It accepted that the changes to Mrs X’s neighbours caravan meant the separation gap was less that advised. However, it noted that the additional work to the caravan was done using non-combustible material and therefore concluded it posed a minimal risk. It therefore concluded that enforcement action was not appropriate. The Council explained to Mrs X that the issue of drainage was a planning matter and she could raise it with its planning department I will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault in how the Council considered the matter. The Council’s decision is a matter of professional judgement and without evidence of fault in the way it was reached the Ombudsman cannot criticise it.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman