Summary: We will not investigate this complaint the Council has not taken enforcement action against a neighbour. There is not enough evidence of fault in how the Council made its decision to justify our involvement.

The complaint

1. Mrs X complained about the Council’s decision not to take action against a neighbour who had painted the outside of their property. She said the properties had a restrictive covenant on them which she wants the Council to enforce. She said the Council’s decision not to uphold the covenant had caused her worry and distress.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In the Council’s complaint response, it said it had taken legal advice around enforcing the covenant. It said it had considered an injunction, but the likelihood of success was low. It said that was because the Council was not adversely affected by the painting. The Council also considered whether it could take any action under its planning or anti-social behaviour powers. It said it could not and set out reasons for this. It said adjoining residents could take their own independent action.
7. Although Mrs X is unhappy by the Council’s response, we will not investigate the complaint. The Ombudsman is not an appeal body. That means we will not take another look at a decision and come to our own conclusions. Instead, we look at the process the Council followed when it made its decision. If we consider it followed these processes correctly, we cannot question whether the decision was right or wrong.
8. The Council sought legal advice and considered its range of powers in dealing with the neighbour’s property. It has set out reasons why it will not take action. There is not enough evidence of fault in how the Council considered the matter to justify our involvement.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in how it was considered by the Council to justify our involvement.

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Investigator's decision on behalf of the Ombudsman