Lincolnshire County Council (24 013 691)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 22 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s charge for a street works licence to install pipework for Mr X’s septic tank. This is because there is no evidence to suggest fault by the Council.
The complaint
- Mr X complains the Council’s charge for a street works licence to install pipework for his septic tank was excessive. He says it is out of keeping with charges made by other bodies and that he should receive a refund.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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))
How I considered this complaint
- I considered information provided by the complainant, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is not our role to act as a point of appeal against decisions made by councils which complainants disagree with. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
- The Council charged Mr X its standard fee and in accordance with the terms and conditions associated with the issuing of the licence. While Mr X’s dissatisfaction with the level of the charge is noted, there is no evidence to suggest fault by the Council.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman