Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s refusal to release planning and building control information about a property he rents. This is because it would be reasonable for him to complain to the Information Commissioner.

The complaint

1. The complainant, Mr X, complains the Council has failed to respond to his requests for information about the planning and building control history of a property he rents from a third party.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

4. I reviewed Mr X’s complaint, shared my draft decision with him and considered his comments.

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What I found

5. Mr X rents a property from a third party. He wrote to the Council to request all documents relating to planning and building control at the property but says the Council has refused to provide this information to him.
6. The Ombudsman will not investigate this complaint. Mr X requested information from the Council under a subject access request but the information he wants is not his personal data; he should therefore make a freedom of information request if he believes he is entitled to it. If the Council does not then respond to his freedom of information request, or if it refuses to provide the information he has requested, he may complain to the Information Commissioner. The Commissioner is better placed to decide if Mr X is entitled to the information and whether the Council must release it to him. I have seen nothing to suggest it would not be reasonable for Mr X to raise the matter with the Information Commissioner and I have therefore decided not to exercise our discretion to investigate this complaint.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to make a freedom of information request and, if he is unhappy with the Council’s handling of his request, take the matter to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman