Summary: We will not investigate this complaint about the Council’s decision not to refund a planning fee charged by the Planning Portal Service. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Ms X complains the Council refuses to refund the full fee she paid for a planning application.

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

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My assessment

5. Ms X paid £199 to make a planning application to the Council using the online Planning Portal Service.
6. She decided to withdraw the application before it was validated. The Council refunded £129 which is the Council’s part of the fee. The remaining £50 is the administration fee charged by the Planning Portal for using its service.
7. The Planning Portal is not part of the Council, and its website clearly states it charges a separate fee to those using its online service.

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Final decision

8. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the Council’s decision not to refund the part of the fee which was charged by and retained by the Planning Portal Service.

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Investigator's decision on behalf of the Ombudsman