The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that there is no breach of planning control where Mr X lives. It is also not a good use of public resources to investigate complaints about complaints procedures alone.
The complaint
Mr X complains the Council has failed to take enforcement action against the freeholders of the apartments where he lives. He also complains it failed to consider the main points of his complaint or follow its complaint procedure.
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, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(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
In 2020, the Planning Inspectorate allowed an appeal against the Council’s refusal of a planning application. This granted planning permission for the owners of the building where Mr X lives to install a lift shaft and associated refurbishment work to the front of the building.
The owners installed the lift shaft. However, they have not carried out the remaining works they received permission for. The planning permission has therefore been implemented. There is no time limit for completing the works, nor is there any requirement for the owners to complete the works.
In 2022, the Council granted planning permission for the owners to build four new homes on the site, with parking. The owners sold the site, and the new owners are completing the works set out in the 2022 planning permission.
I understand Mr X is unhappy the owners have not completed the works allowed by the Planning Inspector in 2020. However, there is no requirement for them to do so. The Council has advised it has encouraged the owners to carry out all the permitted work, but it cannot force this. It has also confirmed that, having visited the site many times, there is no breach of planning control.
The Ombudsman does not provide a right of appeal against the Council’s decision that there is no breach of planning control. Our role is to review the process by which the Council reached its decision.
There is not enough evidence of fault by the Council to investigate this part of the complaint. Officers have visited the site and are satisfied there are no breaches of planning control. This is a decision the Council is entitled to take.
Mr X also complains about the way the Council has dealt with his complaints and its lack of communication.
The Council has explained the officers dealing with planning and enforcement matters on the site have changed because of a high turnover of staff. The latest officer contacted Mr X and offered to meet him to discuss his concerns. However, Mr X refused the offer.
We expect councils to communicate with those who contact them and deal with complaints according to their published procedures. However, we do not consider it a good use of public resources to investigate complaints about customer service when we are not investigating the substantive issues.
Final decision
We will not investigate Mr X’s complaint about the Council’s decision that there is no breach of planning control where he lives. In addition, it is not a good use of public resources to investigate complaints about the complaint procedure and communications alone.
Investigator's decision on behalf of the Ombudsman