Summary: We will not investigate X’s complaint about a community Infrastructure Levy. This is because the issues raised have not caused X a personal injustice.

The complaint

1. X complains that the Council has failed to properly assess and collect a Community Infrastructure Levy (CIL) for a property that breached planning permission.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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.

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My assessment

5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. I will not investigate X’s complaint because I do not consider that the issues raised have caused them a personal injustice.

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Final decision

7. We will not investigate X’s complaint because the issues raised have not caused them a personal injustice.

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Investigator's decision on behalf of the Ombudsman