Summary: We will not investigate this complaint about the Council’s handling of an application to vary the site licence of a caravan park in its area. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Ms X complains about the Council’s handling of an application to vary the site licence of a caravan park to allow an additional caravan. She says the Council should have followed through with the Compliance Notices which required the removal of the additional caravan and the reinstatement of a gravelled open area and instead it has granted a subsequent application to allow these changes.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In responding to Ms X’s complaint about these matters the Council explained that the Compliance Notices did not become operative and were not followed up because the site owner appealed within the time frame allowed and subsequently the Council’s General Purposes and Licencing Committee allowed an application to vary the conditions which allowed for the additional caravan and the works completed.
7. This is clearly a disappointing decision for Ms X. However, it is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest the Council did not follow its normal procedures or that there was fault which affected its decisions.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman