The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s response to a planning complaint. This is because any injustice there has been, is not significant enough to warrant an investigation.
The complaint
Miss X complained to the Council, about a neighbour, who built a structure, without planning permission. Miss X was unhappy with the Council’s response. Miss X said the position of the structure means her visibility is blocked and the Council have caused her stress because it hasn’t taken action.
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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X initially raised her concerns with the Council about a structure her neighbour built, which she said needed planning permission. In 2023, the Council retrospectively approved a form of plans relating to the structure and then subsequently started enforcement action. The Council said it was considering enforcement action.
We will not investigate here. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Final decision
We will not investigate Miss X’s complaint because there is no significant injustice.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman