The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council considered the complainant’s reports that his neighbour has erected a fence in their back garden. There is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Mr X complains the Council has allowed his neighbour to keep part of a fence he has put up in their back garden.
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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council gave planning permission for his neighbour to put up a two-metre fence between their homes. He says this blocks his light, restricts his window opening and restricts his ability to maintain his property.
Erection of a two-metre fence is permitted development if the property is not in a conservation area, an area of outstanding natural beauty, a national park or world heritage site.
In this case the fence is permitted development, and the neighbour does not need planning permission. Any issues about right to light or access are civil matters between Mr X and his neighbour.
Final decision
We will not investigate Mr X ’s complaint because we have not seen enough evidence of fault in the Council’s actions to warrant an investigation.
Investigator's decision on behalf of the Ombudsman