London Borough of Enfield (18 016 014)
The Ombudsman's final decision:
Summary: Mrs X complained of delay by the Council in providing pre-application advice on a planning proposal. There was unreasonable delay by the Council in dealing with Mrs X’s application. The Council has since provided the advice. It also agreed to a financial remedy for the injustice caused to Mrs X.
The complaint
- Mrs X complains of delay by the Council in providing pre-application advice on a planning proposal. Mrs X submitted an application for the advice in April 2018. She did not receive the advice until April 2019.
- Mrs X is elderly and wants to adapt and extend her home so her relatives can move in with her. She is distressed by the delay which affected her ability to plan for the future.
The Ombudsman’s role and powers
- If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I reviewed the complaint and the background information provided by Mrs X and the Council. I discussed matters with Mrs X by telephone. I sent a draft decision statement to Mrs X and the Council. I considered the Council’s comments in reply.
What I found
- Mrs X applied for pre-application planning advice from the Council in April 2018. This involved paying a fee.
- A planning officer visited her home in July 2018. Afterwards, Mrs X chased the officer two months later because she had heard nothing further from the officer. The officer then emailed Mrs X to say she was no longer employed by the Council. Mrs X tried to contact the Council from that point without success.
- Mrs X complained to the Council formally in October 2018. The Council sent a response that apologised for the delay and assured her that a new officer would be allocated her case by Mid-November 2018. But she heard nothing further from the Council.
- Mrs X complained to this service about the delay as well as service failure. I contacted the Council in April 2019 to enquire about the status of the application. The Council then sent the pre-application advice to Mrs X’s agent.
- Mrs X has now received the advice and this is a successful outcome for her. However, I consider a financial remedy is warranted in this case because of the unnecessary time and trouble Mrs X was put to in pursuit of matters with the Council and the Ombudsman. I recommended a time and trouble payment of £150 to Mrs X. The Council agreed to make the payment.
Final decision
- I found fault by the Council. I closed the complaint because the Council agreed a remedy for the injustice caused to the complainant.
Investigator's decision on behalf of the Ombudsman