The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about an error in a document it published because she has not been caused an injustice.
The complaint
Ms X complains the Council published incorrect information about her house in a document it published online. Ms X wants the Council to correct the document.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council published incorrect information about her property online in an officer report about her neighbour’s planning application. The Council acknowledged the mistake, but said this was minor, and it would not alter the document. The Council said the error would not have changed the outcome of its decision to grant planning permission.
The Council said Ms X’s property was attached to her neighbour’s property. However, the Council accepts that this is not this case.
The properties have a close relationship with one another, and the Council considered the impact of the neighbour’s extension on Ms X’s property. Having considered the Council’s officers report it seems likely the Council would still have granted planning permission even if it had described the properties as detached. Therefore, Ms X has not been caused an injustice and we will not investigate this complaint.
Ms X says that the Council’s failure to properly describe her property meant she incurred legal fees in pursuing court action against her neighbour due to a Party Wall Act dispute. The Council has no involvement in Party Wall Act disputes. This is a civil matter between Ms X and her neighbour. Therefore, Ms X has not been caused an injustice by the Council’s actions.
Final decision
We will not investigate Ms X’s complaint because she has not been caused an injustice as a result of the Council’s actions.
Investigator's decision on behalf of the Ombudsman