Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because we are unlikely to find fault and the complainant has not suffered any significant injustice. Concerns about how the Council dealt with the complainant’s request for information are better dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X has complained about how the Council has dealt with a planning application for a development in the area where he lives. He says the Council has not been transparent regarding its negotiations with the applicant and has not responded to his request for information.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(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. Mr X says the Council’s lack of transparency means he is unable to understand the impact the negotiations between the applicant and the Council will have on the proposed development. But the Council is not required to publish all the correspondence it has with the applicant on its website. Members of the public can also view the full application file at the Council’s offices and the case officer’s report will set out the assessment of the material planning issues.
5. Furthermore, even if the Council was at fault in this regard, I do not consider Mr X has suffered any significant injustice as planning permission was ultimately refused and therefore the proposed development will not be built.
6. Mr X has also complained about how the Council dealt with his Freedom of Information request. However, Mr X can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Council dealt with his request for information. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.

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Final decision

7. We will not investigate Mr X’s complaint because we are unlikely to find fault and Mr X has not suffered any significant injustice. Mr X’s concerns about how the Council dealt with his Freedom of Information request are best dealt with by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman