The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s lack of planning enforcement action. There is insufficient injustice to justify an investigation.
The complaint
Mr X complains the Council has failed to uphold planning law in a conservation village. Mr X says there is a site in his village which is an eyesore and there are safety concerns.
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 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 Mr X and the Council. I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about a site in his conservation village. He complained the wall and barn are deteriorating and are unsafe. Mr X also complained about a wooden cabin on the site. Mr X complained the Council has not taken appropriate enforcement action to address these issues.
Mr X lives a short walk away from the site in question. Whilst it may not be pleasant to have a deteriorating property in his village, it is unlikely to have a direct impact on him due to the distance from his property. I will not investigate Mr X’s complaint because there is insufficient injustice to justify an investigation.
Final decision
We will not investigate Mr X’s complaint about the Council’s lack of enforcement action because there is insufficient injustice to justify an investigation. Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman