Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s failure to provide information about its decisions not to proceed with planning enforcement action against third parties. If Mr X believes he is entitled to the information it would be reasonable for him to take the matter to the Information Commissioner.

The complaint

1. The complainant, Mr X, complains the Council has failed to provide information requested under the Freedom of Information Act 2000 to show how it reached its decision not to pursue enforcement action against third parties. He says the matter has caused him stress and frustration.

Back to top

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.
4. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)

Back to top

How I considered this complaint

5. I reviewed Mr X’s complaint, made enquiries of the Council and considered its response. I shared my draft decision with Mr X and took account of his comments.

Back to top

What I found

6. The Council issued Mr X an enforcement notice for carrying out unauthorised development on his land in 2019. Mr X says he knows of three other property owners who were issued enforcement notices at around the time for similar unauthorised development and the Council has withdrawn its notices in each case. However it refuses to withdraw the notice issued to him and it has now restricted his contact. He says he has made requests under the Freedom of Information Act 2000 to show why the Council decided not to pursue enforcement action against the other property owners but the Council has not provided the information he requested.
7. The Ombudsman will not investigate this complaint. If Mr X believes the Council has failed to provide information he is entitled to see it would be reasonable for him to take the matter to the Information Commissioner. The Commissioner is better placed to decide whether the Council has complied with its duty under the Freedom of Information Act 2000 and if it has not it may direct the Council to release further information to Mr X.
8. While Mr X wants to know why the Council has decided not to take action against the other property owners his injustice lies in the enforcement it issued to him. Mr X has appealed against the notice and we cannot therefore investigate any complaint about it.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to complain to the Information Commissioner.

Back to top

Investigator's decision on behalf of the Ombudsman