Summary: We will not investigate this complaint about planning advice because, in the absence of independent evidence, we are unlikely to be able to establish whether the Council acted with fault.

The complaint

1. Mr X says the Council told him it would support his proposed development but when he submitted a planning application it was found to be unacceptable. Mr X says he incurred costs by submitting the application based on the Council’s advice.

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The Ombudsman’s role and powers

2. We can 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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))

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How I considered this complaint

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

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My assessment

4. In the absence of any independent evidence (like a telephone recording), there is no realistic prospect of the Ombudsman being able to establish what was said during the conversation between Mr X and the Council’s planning department. So, with reference to paragraph 2 above, the Ombudsman will not start an investigation as it is unlikely to add anything to the Council’s previous consideration of the complaint or lead to a different outcome.

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Final decision

5. We will not investigate Mr X’s complaint because we are unlikely to be able to establish whether the Council acted with fault.

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Investigator's decision on behalf of the Ombudsman