The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council deciding it cannot take action against work carried out by the complainant’s neighbour. We are unlikely to find fault affected the Council’s decision.
The complaint
The complainant, who I refer to here as Mrs B, says the Council will not take action against work carried out by her neighbour. She says alterations to the neighbour’s garden have led to flooding in her garden. Mrs B also complained a Council officer told her to wear a face mask during a site visit.
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) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mrs B and the Council. I also considered our Assessment Code.
My assessment
The Council did not ignore Mrs B’s concerns. However, having visited the site, it decided the work carried out by her neighbour did not require planning permission and ss it could not take any action. This was a matter for the Council’s planning officers’ professional judgement; we do not provide a right of appeal against the Council’s decision.
It appears there was an issue raised about face coverings during the site meeting. However, this is not something that would warrant investigation.
Final decision
We will not investigate Mrs B’s complaint because we are unlikely to fault by the Council has caused her injustice which would justify our involvement.
Investigator's decision on behalf of the Ombudsman