The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with her fence. This is because she has a right of appeal against the Council’s enforcement notice with the Secretary of State.
The complaint
Mrs X complains about the way the Council has dealt with fencing to her property. She says the Council has given her conflicting advice about the fence and has now been served with an enforcement notice requiring her to remove a section of the fence.
Mrs X says she has been caused significant distress by the Council’s actions and has incurred significant legal fees.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: delay – usually over eight weeks – by an authority in deciding an application for planning permission a decision to refuse planning permission conditions placed on planning permission a planning enforcement notice.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X has a right to appeal the enforcement notice served by the Council with the Planning Inspector. Mrs X has told us it is her intention to do so and she has already started the process. Therefore we cannot investigate this complaint.
Even if Mrs X decided not to proceed with the appeal we would still consider it reasonable to expect her to exercise her right of appeal and would not investigate the complaint.
The other matters raised by Mrs X are inextricably linked to the matters being appealed. This includes how the Council has dealt with planning issues on neighbouring land. Therefore we will not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because she has a right of appeal to the Secretary of State.
Investigator's decision on behalf of the Ombudsman