The Ombudsman's final decision
Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s decision not to take enforcement action. This is because there is not enough evidence of fault.
The complaint
Mr and Mrs X complain the Council refused to take enforcement action against a planning breach by their neighbour. They say this has resulted in a loss of privacy in their home.
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 complainants and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr and Mrs X complained to the Council after their neighbour removed the frosted glass from the bathroom window overlooking their living room. They said it was a breach of planning permission and asked the Council to take enforcement action.
The Council considered relevant factors including permitted development rights, planning permission, overlooking, and privacy. It decided it was not expedient to take enforcement action.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether Mr and Mrs X disagree with the decision.
I will not investigate this complaint. Based on the information I have seen there is not enough fault in how the Council made its decision not to take enforcement action.
Final decision
We will not investigate Mr and Mrs X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman