Investigation

In view of the seriousness of the complaint and the issues raised in the case, mainly, how the Council had failed, over a seven year period, to initiate legal proceedings in this case of unauthorised development, I considered that the matter should be investigated under section 4 of the Ombudsman Act 1980 because of (i) the public interest issues arising, and (ii) the need to establish all the facts and circumstances giving rise to the Council's failure to take enforcement action in time.

Accordingly, my Office wrote to the County Manager on 24 April 2008 to advise him that I intended to carry out an investigation of the complaint. 

On 23 May 2008, the Council replied stating that it was statute barred from taking any further proceedings and that it regretted its omission in this matter.

It was decided to interview (i) the complainants to get their personal perspective on the matter, and (ii) the relevant Council staff in order to establish, among other things, why the Council had failed to initiate legal action before the expiry of the statutory seven year period.