The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with breaches of planning control. This is because the complainant had the right to appeal to the Planning Inspector. It is unlikely we would find fault with the remaining issues complained about.
The complaint
Mr X has complained about how the Council dealt with breaches of planning control. Mr X disagrees with the Council’s decision to take enforcement action against him and says the Council has ignored the information he has provided. Mr X has also complained about how the Council dealt with breaches of planning control at his neighbour’s property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about: Delay – usually over eight weeks – by an authority in deciding an application for planning permission A decision to refuse planning permission Conditions placed on planning permission A planning enforcement notice.
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, or 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X could have appealed to the Planning Inspector if he disagreed with the Council’s decision to take enforcement action against him. Mr X has complained about the Council’s enforcement investigation. But these issues are related to the matter that could have been appealed. I consider it would have been reasonable for Mr X to have used his right to appeal. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about.
Mr X has also complained about how the Council dealt with breaches of planning control at his neighbour’s property and its decision not to take enforcement action.
Mr X has reported several potential planning breaches to the Council. The Council looked into Mr X’s concerns and found that some of the issues reported would not be a breach. It also decided it would not be expedient to take action in relation to the other issues.
I understand Mr X disagrees. But the Council was entitled to use its professional judgement to decide if enforcement action was necessary. As the Council properly considered if it should take enforcement action, it is unlikely I could find fault.
The Council has said that its investigations regarding some of the breaches remain ongoing. As these enforcement investigations have not concluded, it is not yet possible to say if Mr X has suffered any injustice because of any alleged fault with the Council’s investigations. The Council may still decide formal action is not necessary. Mr X can return to the Ombudsman and make a new complaint about the ongoing issues once the Council’s investigations have ended.
Mr X has complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.
Final decision
We will not investigate Mr X’s complaint because he had the right to appeal to the Planning Inspector. It is unlikely we will find fault in relation to the remaining issues complained about.
Investigator's decision on behalf of the Ombudsman