Gedling Borough Council (24 009 592)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to investigate the alleged use of a building near her home. This is because the matter does not cause Mrs X significant injustice.
The complaint
- The complainant, Mrs X, complains the Council has failed to properly investigate and explain the current use of a building near her home. She says it would be nice for local residents to know what is in their area and that the lack of information provided by the Council causes mistrust.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
- We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
- Mrs X lives some distance from the building and I have seen nothing to show that its use directly affects her. I can also find no evidence to suggest the Council’s handling of her concerns about the possible use of the building causes her significant injustice.
- While I appreciate Mrs X would like to know what is going on with the building the Council is under no obligation to look into the matter further or tell her anything more than it has already. It has explained the building benefits from planning permission which allows it to be used for residential purposes but that, following investigation, there is no one living there.
Final decision
- We will not investigate this complaint. This is because the Council’s actions have not caused Mrs X significant injustice.
Investigator's decision on behalf of the Ombudsman