The Ombudsman's final decision
Summary: We will not investigate Mr 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 causing Mr X significant injustice.
The complaint
The complainant, Mr X, complains the Council has failed to enforce restrictions on development and alteration of his neighbour’s property, which is listed. He says that as a result he is now living in a hostile and stressful environment and is unable to complete his own renovations and enjoy his home.
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 Mr X and the Ombudsman’s Assessment Code.
My assessment
The Council has responded to Mr X’s specific concerns regarding work carried out at his neighbour’s property and explained the reasons it will not take action and it is not for us to question its rationale. It also confirmed that Mr X raised new issues in his complaint which he has not previously asked the Council to investigate; these issues have been passed to officers to investigate and this is a suitable way forward.
Mr X also wants the Council to provide evidence of any alterations, extensions and development undertaken at his neighbour’s property since it was listed more than 40 years ago. If he would like this information he should make a request to the Council for it. We will not look at the Council’s actions over this long a period.
In any event the injustice Mr X claims is the result of his neighbour’s actions rather than the Council’s decisions on enforcement. Mr X claims his neighbour has trespassed/encroached onto his property and that they are obstructing access to his land. These are private civil matters between Mr X and his neighbour and not something the Council is responsible for resolving.
Final decision
We will not this complaint. This is because there is not enough evidence of fault by the Council and the injustice Mr X claims is the result of his neighbour’s actions rather than those of the Council.
Investigator's decision on behalf of the Ombudsman