The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council's handling of a planning enforcement matter. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mrs X, complains the Council failed to properly investigate an alleged breach of planning control by her neighbour. She says her neighbour’s building work encroaches onto her property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
Encroachment is a private civil matter between the relevant parties; it is not something the Council has any duty or obligation to resolve and it is not a reason for planning enforcement action. It is therefore unlikely we would find fault in the Council’s decision not to take action against Mrs X’s neighbour and even if we did, we could not hold it responsible for the injustice Mrs X claims. Her injustice results from the alleged encroachment by her neighbour rather than the Council’s actions.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman