Summary: We will not investigate this complaint that the complainant should not be held liable for a community infrastructure levy surcharge. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the submission of the Form 6 Commencement Notice for his self-build property was delayed by his agent, due to the death of one of the agent’s staff members. Mr X thinks the Council should waive the resultant surcharge for which he became liable, because of these extenuating circumstances.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. And we cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including their correspondence. I also considered our Assessment Code.

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My assessment

5. Whilst I am very sympathetic to Mr X’s situation, the Ombudsman does not act as an appeal body against the Council’s decision that he should remain liable for the surcharge. We can only consider whether there was procedural or administrative fault in the way the Council handled the matter.
6. In my view, there is not enough evidence of fault by the Council to justify the Ombudsman starting an investigation. The Council imposed the surcharge in accordance with the Community Infrastructure Levy Regulations and, having considered the information provided by Mr X about the delay in submitting the form, it was entitled to maintain the view that he should remain liable.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman