The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to Ms X’s neighbour’s extension. This is because an investigation is unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, complains about the Council’s handling of matters relating to her neighbour’s extension which has been built attached to part of her property and which will affect her ability to maintain it.
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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Ms X, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about her neighbour’s extension which has not left a sufficient gap between their properties for maintenance or to allow ventilation for air bricks installed for Ms X’s wooden floor.
The Council explained that it had no grounds to take enforcement action because there had been no planning or building regulations breach. It confirmed, having considered the evidence, that the extension had been built in accordance with the plans submitted with the neighbour’s application. It advised Ms X that planning permission does not override any private access rights Ms X has and suggested she seek legal advice, regarding, for example, the Party Wall Act.
The Council decided to grant permission for the extension and in coming to its decision it considered Ms X’s objections. While Ms X may not agree with the decision, it is not our role to act as a point of appeal. We cannot question decisions taken by councils when they have followed the right steps and considered the relevant evidence and information.
As there is no evidence to suggest fault by the Council, we will not investigate the complaint.
Final decision
We will not investigate Ms X’s complaint because an investigation is unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman