Summary: We will not investigate Mr X’s complaint about how the Council dealt with a planning application. This is because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Mr X complains on behalf of Mr Y the Council has wrongly refused to refund a planning application fee.

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

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My assessment

5. Mr X made a planning application on behalf of Mr Y. The Council wrote to Mr X and said it was returning the application as invalid and unable to be determined. Mr X complained to the Council about its refusal to refund the planning application.
6. The Council apologised to Mr X and agreed the language it used was confusing. It said it would change the wording to be clearer in the future. It explained the application had included a material change of use that could not be assessed on the application Mr X had submitted. This meant the application was non-determined and so it would not refund the application fee.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. Although its language could have been clearer, the Council took account of the relevant guidance when making the decision not to refund the fee. Therefore, I cannot criticise its decision.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman