The Ombudsman's final decision
Summary: We will not investigate how the Council dealt with the complainant’s concerns about a shed in a nearby garden. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no evidence of fault by the Council.
The complaint
The complainant, who I refer to here as Mr B, has complained the Council has not taken action to remove a shed from a nearby garden. Mr B considers the shed is an eyesore.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the Mr B and the Council. I also considered our Assessment Code.
Final decision
We will not investigate Mr B’s complaint because we are unlikely to find fault by the Council. The Council has considered Mr B’s concerns and decided not to take enforcement action. That is a matter for the Council to decide.
Investigator's decision on behalf of the Ombudsman