The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to issue a Breach of Condition Notice. This is because there is no evidence to suggest fault affected the Council’s decision.
The complaint
The complainant, who I refer to as Mr X, says the Council is wrong not to issue a Breach of Condition Notice to a developer whose actions have impacted on his property.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council, including its responses to his complaint I considered the Ombudsman’s Assessment Code.
My assessment
Mr X believes the Council should take enforcement action against planning breaches by a developer by issuing a breach of Condition Notice.
In responding to Mr X’s complaint about this matter, the Council explained that while it has the power to take such action it is not obliged to do so and it has not considered it expedient to do so in this case. It told Mr X he has civil law rights in relation to the impact of the development on his property which it is open to him to him to pursue.
Mr X may disagree with the Council’s decision, but this is not evidence of fault. It is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault affected the Council’s decision.
Investigator's decision on behalf of the Ombudsman