The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in responding to Mr X’s complaint and its delay in making a decision on new terms and conditions for a caravan site. We do not consider he has suffered a significant personal injustice because of the delay in the response. And we cannot achieve the outcome Mr X is seeking.
The complaint
Mr X complains the Council delayed in responding to his complaint and has failed to decide on the new terms and conditions for a caravan site where he keeps a mobile home.
He says the delay in making the decision may lead to him incurring unnecessary expenses.
Mr X wants the Council to respond to his complaint and make a definite decision about the caravan site.
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: any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has now responded to Mr X’s complaint. It has apologised and explained the reasons for the delay in its response. I note that Mr X disagrees with the Council’s explanation. However, we do not consider that the delay in the response alone caused Mr X a significant personal injustice which warrants an investigation.
Mr X also complains about the Council’s failure to make a decision on the new terms and conditions for the caravan site as part of a wider redevelopment of the site.
The Council has advised it proposes to grant ten-year licences for pitches. However, no definitive plan is in place for the redevelopment. It says it is in the process of engaging a consultant and will engage with key stakeholders including the site caravan owners association. It will then submit a planning application.
We cannot require the Council to make a decision now on the terms and conditions for the site post redevelopment.
Final decision
We will not investigate Mr X’s complaint because: We do not consider he suffered sufficient personal injustice because of the Council’s delay in responding to his complaint; and We cannot achieve the outcome he is seeking.
Investigator's decision on behalf of the Ombudsman