The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to use Section 215 of the Town and Country Planning Act 1990 to address the poor state of a garden at a property close to Mr X’s home. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council has failed to use Section 215 of the Town and County Act 1990 to get the owner of a property close to his home to clean up a hazardous, dangerous and overgrown garden containing disintegrating outbuildings and rubbish.
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 how the organisation made its decision, 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that it had failed to use Section 215 of the Town and Country Planning Act 1990 which gives councils the power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.
The Council explained to Mr X that the matters he had raised did not give rise to a level of harm to public amenity that would warrant the use of its Section 215 powers. It acknowledged Mr X may not agree with its planning judgement but found no fault in its handling of matters.
It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. While Mr X may be disappointed with the Council’s decision, there is no evidence to suggest fault affected it.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman