Stratford-on-Avon District Council (25 020 444)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how the Council managed a planning application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mr X complains the Council failed to consult the Parish Council when it considered his planning application. He says the Council also refused to refund the planning application fee.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council failed to consult the Parish Council when it considered his planning application. He said this caused delay and meant he had to pay another planning application fee.
- The Council said that, in line with its Statement of Community Involvement and its statutory duties, it had notified the Parish Council. It said it could not follow up any non-response on each notification on each application.
- Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions.
- I will not investigate this complaint. There is not enough evidence of fault in how the Council made its decision, so I cannot say it should have reached a different outcome.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman