Summary: We will not investigate this complaint about the service the complainant received from the Council. This is because the complainant has not suffered significant injustice.

The complaint

1. Ms X has complained about the service she received from the Council’s planning department. Ms X is also unhappy with the Council’s response to her complaint.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Ms X says she contacted the Council for advice about changes she intended to make to her property. Ms X says she called and emailed the Council’s planning department but did not receive a response. The Council accepts it did not return Ms X’s call. However, it says it did not receive Ms X’s emails.
5. I do not consider that the injustice suffered because of any alleged fault with how the Council responded to Ms X’s questions significant enough to warrant an investigation by the Ombudsman. Ms X can also use the Council’s pre-application planning advice service if she would like further information about whether she needs permission for the proposed changes.

Back to top

Final decision

6. We will not investigate Ms X’s complaint because she has not suffered significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman