Summary: We will not investigate Mrs B’s complaint that the Council was at fault in failing to provide her with information. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. The complainant, who I will refer to as Mrs B complains that the Council failed to provide her with appropriate information, causing significant distress and financial loss.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant has had the opportunity to comment on my draft decision.

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My assessment

6. Mrs B’s business is an unregulated education provider which was based at her home during the period covered by her complaint. She says the officers responsible for the Council’s relationship with alternative education providers failed to communicate properly with her and failed to provide her with information.
7. Mrs B says the Council’s officers were aware of her plans to expand the provision by converting the garage at her home. She argues that they should have told her she would need planning approval for the work and contends that they were at fault in failing to do so.
8. Mrs B had the work carried out and was then required to make a retrospective planning application, which was unsuccessful. Mrs B says this outcome has caused her significant distress and financial loss, as well as damaging her relationship with her neighbours. She wants the Council to pay financial compensation.
9. We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part. Council planning departments provide planning advice, but it is for members of the public to protect their position and obtain it before carrying out any works. Planning advice is not in the remit of education officers and they cannot reasonably be expected to have knowledge of planning requirements. It is not reasonable for Mrs B to hold education officers responsible for the outcome. There are no grounds for us to intervene.

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Final decision

10. We will not investigate this complaint. This is because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman