Summary: We will not investigate this complaint about a failure of the Council to provide timely advice in relation to a planning application because the injustice would not warrant investigation.

The complaint

1. Mr X says that the Council failed to respond properly to his request about house numbering which caused him stress and time and trouble.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(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. Mr X converted a property into a number of flats. He made an application to the Valuation Office Agency for renumbering the flats. He says that the Council delayed providing accurate information in response to his request.
6. The Council says that, following grant of planning permission an applicant can seek official numbering of the properties. The Council confirms that Mr X made such an application to the Valuation Office Agency on 4 December 2023. The Council says that the Planning Officer became aware of the split in the property by the Council tax department on 11 December.
7. The Council says that they were told of the application to the Valuation Office Agency on 9 January 2024.
8. The Council tax department notified the Valuation Office Agency 16 January 2024. The Council accepts that they did not specifically tell Mr X following his application in December that they had done this. Mr X is unhappy that the Council delayed providing him with this information. The Council has apologised for this but points out that no significant injustice would be caused if the properties had been occupied after the numbering application.
9. Mr X sought return of his application fee and compensation for his time and trouble. The Council says that the fee was applicable in any event.
10. I am not persuaded that any return of the fee is appropriate as the fee still had to be paid.
11. 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.
12. Whilst I accept that Mr X found the lack of information frustrating I am not persuaded that the injustice caused to him is so significant as to warrant investigation. Much of that injustice would not have occurred had occupation taken place after the properties been numbered.

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Final decision

13. We will not investigate Mr X’s complaint because the injustice would not warrant investigation.

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Investigator's decision on behalf of the Ombudsman