The Ombudsman's final decision
Summary: We will not investigate this complaint about planning enforcement. This is because the Council was acting on behalf of another body. The Council is not responsible for the issue complained about.
The complaint
Ms X complains the Council’s planning enforcement team has failed to act to protect her property from nearby development. She says this has caused distress and ill health.
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 a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In this case, the Council carried out a planning enforcement investigation into Ms X’s concerns on behalf of another Authority. The Authority is responsible for actions and decisions taken on its behalf. Because the Council is not the responsible body, we will not investigate this complaint against the Council.
Final decision
We will not investigate Ms X’s complaint because the Council is not responsible for the issue complained about.
Investigator's decision on behalf of the Ombudsman