Summary: We will not investigate this complaint about how the Council answered a question about a planning matter. This is because there is insufficient evidence of fault.

The complaint

1. X complains that the Council failed to answer whether a property X owns is classified as a listed building.

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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. (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. In responding to X’s complaint, the Council explained that it does not have any control over which buildings are listed, but signposted X to the Historic England website where X could see the listing in question. It advised X how they could seek pre-planning advise if they intended to carry out work to their property, and as part of this it would advise X of any potential impacts on the listed building.
6. I will not investigate X’s complaint because there is insufficient evidence of fault. The Council gave a detailed response to X’s question, providing them with links to the relevant listing and advising X what they could do should they wish to carry out works that may be implicated by that listing.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman