Summary: We will not investigate this complaint about incorrect advice given to the complainant about whether works to her property required planning permission. There is insufficient evidence of fault, and an investigation is unlikely to lead to a different outcome.

The complaint

1. Miss X complains the Council and its contractors gave her incorrect advice about whether works to the front of her property required planning permission.

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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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law also says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered:
• information provided by Miss X.
• information about Miss X’s planning application, available on the Council’s website.
• the Ombudsman’s Assessment Code.

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My assessment

5. It does not appear to be disputed that Miss X called the Council/its contractors to check if she required planning permission. But in the absence of recordings or written records of those calls, an investigation by the Ombudsman is unlikely to be able to establish whether the Council acted with fault in the advice it gave, and so it would not lead to a different outcome. I also note the Council says that when Miss X called the planning enquiry service, she would have heard a pre‑recorded message which advises you will not be speaking to a trained planning officer, and so it will not be able to confirm whether planning permission is required for proposed works; instead a 'pre-application form' should be used to obtain such confirmation.
6. With reference to paragraph 2 above, the Ombudsman will therefore not investigate this part of the complaint.
7. We also have not investigated any concerns Miss X may have about the way her planning application was assessed by the Planning Committee. With reference to paragraph 3 above, this is because Miss X does not appear to have raised these matters with the Council via its complaints process yet. I consider it reasonable to expect her to do so. Mrs X can pursue a new complaint with the Ombudsman once she has received the Council’s final response on those issues.

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Final decision

8. We will not investigate Miss X’s complaint as there is insufficient evidence of fault by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman