Summary: We will not investigate this complaint about the Council misleading the complainant into paying for an unnecessary application for a Certificate of Lawfulness. The Council has offered to partially refund the fee, less an administrative charge. We consider this is a satisfactory remedy to the complaint.

The complaint

1. Mr X complains for his client, Mrs Y. He says the Council charged Mrs Y for an unnecessary application for a Certificate of Lawfulness.
2. He wants the Council to refund the payment.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council misled Mrs Y into paying for an application for a Certificate of Lawfulness which was unnecessary.
7. The Council confirms Mr X asked it to confirm whether Mrs Y’s flat had permitted development rights to install new windows and doors. The Council responded saying: “For this matter, we can provide written confirmation through a certificate of lawfulness application.” It provided a link to apply for a certificate.
8. The Council also confirms it received an application, with the statutory fee of £129. However, the application was invalid and was withdrawn. As it was withdrawn before validation Mrs Y is entitled to a partial refund. The Council has offered to refund £63 which is the application fee less an administration charge.
9. The Council’s website states, “Please note your application will be subject to an additional administration charge if it is invalid.”

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Final decision

10. We will not investigate Mr X’s complaint because I have seen no evidence the Council misled Mrs Y. It was asked if she could install new windows and doors under permitted development and was told how to apply to get confirmation of this.
11. The Council has offered to refund the application fee less an administration charge. We consider this is a satisfactory action to resolve the complaint.

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Investigator's decision on behalf of the Ombudsman