The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision that her latest planning application in 2020 did not qualify as a free application, and how it dealt with her complaint. The complaint is late and there is no good reason for us to exercise discretion to investigate it now. We do not investigate councils’ complaint-handling where we are not investigating the core issues giving rise to the complaint.
The complaint
Mrs X applied for planning permission in 2019, paying the £206 fee. The Council refused the application. She and her husband Mr X re-applied in February 2020. The Council charged a further application fee. Mrs X complains the Council: unfairly charged for the 2020 planning application; failed to properly deal with her complaint.
Mrs X says she has had a breakdown from the stress caused to her and her family not being able to extend their home to meet their needs. She says the Council’s delays have resulted in her being unable to fund her development, alongside the impacts of Brexit and COVID-19. Mrs X wants the Council to refund the £206 and apologise.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information from Mrs X, relevant online planning documents, and the Ombudsman’s Assessment Code.
My assessment
Mrs X started to complain to the Council about the planning fee in 2020. She disputed the Council’s reasons for deciding the second application did not count as a ‘free go’ and wanted the fee refunded. She brought her complaint to the Ombudsman on this issue in September 2022, over two years later.
We expect people to complain to us within 12 months of them becoming aware of the matter complained of, so this complaint is late. We may decide to investigate a late complaint if there is good reason to do so, so I have considered whether there is any good reason to exercise discretion and investigate here.
In response to the Council’s reply at stage one of its complaints process, Mrs X sought a stage two review in May 2020. She says the Council did not reply to that request. If so, Mrs X could have complained to us later on in early 2020, well before 12 months had passed. I say this because Mrs X knew about the existence of the Ombudsman in 2020 and her option to complain to us. She mentions her intention to complain to local councillors and then, if necessary, to the Local Government Ombudsman in an email she sent to the Council in February 2020.
I note Mrs X says the planning situation caused her to have a breakdown. But I consider Mrs X or Mr X, who was the joint planning applicant for the 2020 application, could have pursued the matter within 12 months of knowing about the planning fee issue. I say this because the Council refused the 2020 application. Mr and Mrs X then appealed the matter to the Planning Inspectorate soon after, so they could also have pursued their complaint about the application fee with the Council, then to us, during that same time. There is no good reason for us to exercise discretion to investigate this late complaint now.
Mrs X’s claimed injustices relating to her home not being extended to meet her family’s needs are not connected to the planning fee issue she complains about here. As planning applicants, Mr and Mrs X used their right of appeal to the Planning Inspectorate when the Council refused the 2020 application, which resolved the planning position. The Inspector allowed their appeal so they have had the planning permission they sought since the end of 2020. We cannot say it is the fault of the Council if Mr and Mrs X cannot, in 2022, now implement their permission.
Mrs X says the Council failed to properly deal with her complaint. We do not investigate complaints about councils’ internal complaints processes in isolation where we are not investigating the core issues which gave rise to the complaint. It is not a good use of our resources to do so, particularly when the process complained of occurred over two years ago. That limitation applies here so we will not investigate this part of the complaint.
Final decision
We will not investigate Mrs X’s complaint because the complaint is late and there is no good reason to investigate it now; and we do not investigate councils’ complaint-handling where we are not investigating the core issues giving rise to the complaint.
Investigator's decision on behalf of the Ombudsman