The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council considers the complainant is liable for Community Infrastructure Levy payment, even though the development was completed and occupied more than two years ago. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, says the Council should not pursue her for a Community Infrastructure Levy (CIL) payment, as her home was completed and occupied more than two years ago, and the Council did not make her party to the enforcement proceedings related to the wider development site.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X, which included her complaint correspondence with the Council.
I also considered our Assessment Code.
Final decision
We will not investigate @’s complaint because @
Investigator's decision on behalf of the Ombudsman