The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a possible breach of planning control. This is because we are unlikely to find fault.
The complaint
Ms X has complained about how the Council dealt with a possible breach of planning control.
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)) 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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X contacted the Council as she was concerned about a local business placing an advertising sign on a footpath. Ms X says the sign blocks the path causing potential safety issues and the Council has failed to take any action to resolve the problem.
However, I am satisfied the Council properly considered Ms X’s concerns about the sign. It agreed the sign was displayed without advertising consent. It spoke to the business owner and arranged for the sign to be moved before closing its enforcement case and deciding further enforcement action was not necessary.
I understand Ms X may disagree with the Council’s decision to close its enforcement case. But it was entitled to use its professional judgment to decide formal action was not necessary. As the Council properly considered if it should take enforcement action, it is unlikely I would find fault.
Ms X says the business blocks the highway causing a hazard. But Ms X should contact the local highway authority if she is concerned about the highway being blocked.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman