Summary: We will not investigate this complaint about the Council’s failure to carry out a site visit which the complainant paid for. The Council has offered to refund the cost of the site visit plus £50 in acknowledgement of the error. I consider this a reasonable remedy to the complaint. And it is unlikely that further investigation will lead to a different outcome.

The complaint

1. The complainant, I shall call Mr B, complains the Council failed to carry out a site visit which he paid for. He wants a refund of the total amount he paid for pre-planning application advice.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr B and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council charges £230 for pre-planning application advice. It charges an additional £100 to visit the site.
6. The Council did not carry out a site visit. However, it confirms a planning officer viewed the outside of the building in question. The Officer wrote a report providing advice on Mr B’s queries on changing his retail premises to residential accommodation.
7. Mr B complained that, because the Council did not visit the site, the advice he has received is irrelevant to his enquiry. However, he has received the advice for which the Council charges £230.
8. The Council has offered to refund the £100 in respect of the site visit which did not take place. Plus £50 in acknowledgement of its error. Also, the Council, to reduce likelihood of repetition of the error, says it has reminded planning officers to check thoroughly check the pre-application advice form. And it consulted its IT department to see if the site visit payment can be made clearer in the electronic files.

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Final decision

9. We will not investigate Mr B’s complaint because we consider the Council’s offer of a £150 refund of the fee and reminders issued to staff to be a suitable remedy to his complaint. And it is unlikely that further investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman