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 it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault.
The complaint
Mr X complained about how the Council dealt with a possible breach of planning control. Mr X says that a property near his home is operating as a House in Multiple Occupation (HMO) without permission. Mr X says the HMO is causing problems including fly tipping, noise and parking. Mr X wants the Council to put the property right and take enforcement action against the landlord of the HMO.
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 any fault has not caused injustice to the person who complained, 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Government guidance says: “Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.” (National Planning Policy Framework December 2024, paragraph 60) As planning enforcement action is discretionary, councils may decide to take informal action or not to act at all. Informal action might include negotiating improvements, seeking an assurance or undertaking, or requesting submission of a planning application so they can formally consider the issues.
In this case, the Council says its enforcement investigation is still ongoing. It said it is actively reviewing the case for formal action.
Because the Council’s investigation has not concluded it is not yet possible to determine if Mr X has suffered any significant injustice because of any alleged fault with how the Council has dealt with the breach. The Council may still decide that enforcement action is not necessary. Mr X can return to the Ombudsman with a new, separate complaint if he remains unhappy once the Council’s enforcement investigation has ended.
Mr X has also complained about the Council’s decision to issue a HMO license for the property. However, HMO licenses are separate and assessed outside of the planning process.
Final decision
We will not investigate Mr X’s complaint because it is not yet possible to determine if Mr X has suffered any significant injustice.
Investigator's decision on behalf of the Ombudsman