Summary: The Ombudsman will not investigate this complaint about information provided by the Council regarding an appointment to give notice to get married. This is because the Council has provided a fair and proportionate response.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council should give a full refund after he incurred extra fees in relation to giving notice to marry. The Council has offered to pay 50% of the extra costs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the Council has provided a fair response. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered information about giving notice to marry and emails between Mr X and the Council. I also considered comments Mr X made in response to a draft of this decision.

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What I found

4. People must book an appointment to give notice of marriage. This is a declaration that both people are free to marry. The Council’s website says there must be at least 28 days between giving notice and getting married.
5. The government website explains that people must sign a legal statement at the register officer to say they intend to marry. This process is known as ‘giving notice’.

What happened

6. In early 2019 Mr X told the Council he was getting married on 5 May. He did not book an appointment to give notice.
7. On 10 February the Council sent an email reminding Mr X that he needed to book an appointment to give notice. The email said he had not given notice and that notice needs to be given at least six weeks before the ceremony. The email gave information on booking an appointment to give notice.
8. In response Mr X asked for an appointment on a Wednesday or Thursday at 4.30pm. The Council offered an appointment at 4pm on 3 April. The Council explained that 4pm is the latest time. Mr X asked for an appointment the following week. The Council booked the appointment for 10 April.
9. When Mr X arrived at the appointment he was told he had not allowed enough time between giving notice and the date of wedding. Mr X had to pay an extra fee to have the notice fast-tracked.
10. Mr X complained about the extra fee. In response the Council said that it had provided Mr X with information which stated that he must give notice at least six weeks before the wedding. But, it also said that when he rearranged the appointment from 3 to 10 April it did not tell him this would mean he would incur extra fees. The Council offered to pay half the extra costs because it did not give this advice.
11. Mr X is dissatisfied with the response and wants a full refund. He says that when he told the Council in early 2019 that he intended to marry then that should be the starting date for giving notice.

Assessment

12. I do not know why the website says people must give notice of 28 days while all the other information says six weeks. The Council offered an appointment on 3 April which was within 28 days. However, Mr X asked to move the appointment to the following week because his partner was working. The discrepancy on whether the minimum period is four or six weeks has not affected what happened.
13. In February the Council clearly told Mr X he needed to allow six weeks between giving notice and the wedding. The Council offered an appointment on 3 April which Mr X asked to move to the following week. The Council had given Mr X enough information for him to know that this would not give enough time between giving notice and the wedding. But, equally, Mr X had given the Council the date of the wedding but it offered a date that could not meet the notice period. It appears that both sides could have handled this process better. In this context the Council’s offer to pay 50% of Mr X’s extra costs is a fair and proportionate response.
14. Mr X says he gave notice early in 2019. But, this is not the case. People can only give notice when they attend the register office and sign a statement.

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Final decision

15. I will not start an investigation because the Council has provided a fair and proportionate response.

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Investigator's decision on behalf of the Ombudsman