The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council have investigated an alleged breach of planning control. The Council has confirmed there is an ongoing investigation. Further investigation by the Ombudsman would not achieve anything worthwhile while that is the case.
The complaint
Ms X complained the Council have failed to correctly act on her report of a breach of planning control by her neighbour. Ms X wants the Council to revoke the Lawful Development Certificate it previously issued.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about an alleged breach of planning control by her neighbour. The Council decided there had not been a breach of planning control but said it would continue to monitor the situation.
Ms X disagrees with the Council’s approach and complained it has not conducted its investigation adequately.
The Council confirms the investigation into the alleged breach of planning control is ongoing. It is waiting for further information from Ms X. We will not start an investigation into Ms X’s complaint as our involvement would not lead to a different outcome at the current time. If Mrs X remains dissatisfied once the Council’s investigation is complete she can make a fresh complaint to the Ombudsman.
Final decision
We will not investigate Ms X’s complaint. The Council’s investigation is ongoing and further investigation by the Ombudsman now would not achieve anything worthwhile.
Investigator's decision on behalf of the Ombudsman