The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a reported breach of planning control. This is because there is not enough evidence fault to justify a further investigation.
The complaint
Mr X complains the Council has not taken enforcement action against his neighbour for building a raised patio in breach of planning control.
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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils have discretion to take enforcement action when they regard it as expedient to do so having regard to the local development plan and any other material considerations.
The documents I have seen show the Council considered all information available and decided it was not proportionate to take enforcement action. The Council gave reasons for its decision with reference to relevant law and policy. There is no evidence of fault in its decision making and so we cannot question the outcome.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman