The Ombudsman's final decision
Summary: We will not investigate this complaint about a lack of policy and procedures for staff carrying out planning enforcement investigations and actions. This is a matter which affects all or most of the people in the Council’s area and is therefore outside our jurisdiction.
The complaint
Mr X complains the Council lacks policy and procedures to guide those carrying out planning enforcement investigations and actions.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), 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
Mr X complains the Council does not have policies or procedures to guide staff conducting planning enforcement investigations.
The Council has a local enforcement policy dated January 2022. It confirms this is due for review and revision, however work on this has been delayed due to staffing pressures.
I understand Mr X has concerns about what he considers to be a lack of suitable guidance policies and procedures. However, any injustice flowing from inadequate approaches to policy and lack of proper management processes and tools is one which would affect the whole of the Council’s area and is not confined to Mr X or residents of a particular location. Therefore, the restriction stated at paragraph three above applies.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate matters which affect all or most of the people in a Council’s area.
Investigator's decision on behalf of the Ombudsman