The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council deciding not to take enforcement action. This is because there is not enough evidence of fault.
The complaint
Mrs X complains that the Council refused to take enforcement action against a potential planning breach by her neighbour.
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 by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X asked the Council to take enforcement action against her neighbour for a potential planning breach. The Council said that based on the evidence she provided there was not enough evidence of planning harm to justify an investigation.
Enforcement action is discretionary. The Council acted in accordance with its policy. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision not to take enforcement action.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman