The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against breaches of planning control and health and safety issues. We have seen no evidence of fault in the Council’s actions.
The complaint
The complainant, I shall call Ms B, complains the Council: failed to address all the planning and building contraventions occurring at her neighbour’s property; and failed to address Health and Safety (H&S) issues at her neighbour’s property
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 Ms B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B complains the Council has failed to enforce against breaches of planning and building control at her neighbour’s property.
The Council has visited the site. It has confirmed there are no breaches of planning control.
The neighbour confirms the dormer window has been in place for more than 10 years. Google maps appear to confirm this. The Council has advised the neighbour to apply for a Lawful Development Certificate.
Any issues about H&S on site should be referred to the Health and Safety Executive.
Final decision
We will not investigate Ms B’s complaint because we have seen no evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman