Summary: We will not investigate Miss X’s complaint about the Council’s delay in providing planning information she requested, and its refusal to refund fees. There is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complains about the Council’s refusal to refund the fee she paid for a Section 106 information request for a house sale. Miss X requested a refund when her request was not met within the 28-day timescale. She says the agreement was no longer required as the buyer was unwilling to wait.

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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 injustice is not significant enough to justify our involvement.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s website says the 28-day timescale is a target. And that the process can take longer due to the complexity of requests and S106 agreements.
6. In its complaint response, the Council reiterated information available on its website about timescales. It said its officer completed initial review work and updated Miss X that more time was required to complete her request due to the complexity of the case.
7. The Council said a refund was not possible as it had spent time and resource on Miss X’s request, and there was no breach of any timescale. I appreciate Miss X is unhappy but there is not enough evidence of fault by the Council to justify investigating.
8. Miss X no longer requires the requested information but notes the Council has failed to complete her request three months later. On balance, any delay has not caused Miss X a significant enough injustice to justify our involvement.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman