The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of its planning enforcement case against a structure built at Mr X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council told him in October 2023 that a structure built at the side of his property violated planning regulations and that he should remove it, change it or apply for planning permission. He says he provided the information requested of him and when he heard nothing further from the Council from January 2024, he assumed the matter was closed only to then receive a Planning Contravention Notice in May 2024 putting the sale of his house in jeopardy.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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) 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))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
It is not our role to act as a point of appeal against decisions made by councils with which complainants do not agree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
Mr X says if the Council believed he had contravened the planning regulations it should have issued him with a Planning Contravention Notice at the outset instead of waiting six months to do so. However, the Council has explained planning investigations can take some time and it has to prioritise the cases it deals with. There is no evidence to suggest fault affected the Council’s decisions in its handling of Mr X’s case and his decision not to allow a site inspection might have delayed matters going forward.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman