Summary: We will not investigate this complaint about the Council’s refusal to share information with Mrs X. This is because the Information Commissioner’s Office is best placed to deal with these complaints. We will also not investigate Mrs X’s complaints about how the Council has dealt with planning issues at her property. This is because ultimately Mrs X has a right of appeal to the Planning Inspector and there is no reason why she cannot pursue this.

The complaint

1. Mrs X complains the Council has refused to provide her with information and evidence regarding allegations made about activity at her property. Mrs X says the Council has used this information to stop her from running a business. She says this has caused her significant distress.

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The Ombudsman’s role and powers

2. 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 or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Mrs X’s request for information

8. Mrs X says she has already complained to the Information Commissioner’s Office (ICO) about the Council’s refusal to share information with her. Whilst the evidence Mrs X has requested relates to her it was provided by a third party. The ICO is best placed to deal with this complaint and decide what information the Council can and should share with Mrs X. Therefore we will not investigate this complaint.

The Council’s investigation

9. Mrs X says the Council’s actions have prevented her from running her business. The Council has a duty to investigate alleged breaches of planning control in its area. If Mrs X believes she does not require planning permission she can continue the use and if the Council decides to serve a planning enforcement notice she can appeal to the Planning Inspector. Alternatively Mrs X could apply for a certificate of lawful use and appeal if this was refused.
10. Mrs X has been granted planning permission for business use of part of her property. The Council has imposed conditions on this to minimise the impact of noise from the business on neighbouring properties. If Mrs X is unhappy with the conditions she has a right of appeal to the Planning Inspector.
11. We will not investigate Mrs X’s complaints about how the Council has investigated complaints about the use of her property. This is because Mrs X ultimately has rights of appeal to the Planning Inspector and there is no reason why she cannot exercise these rights if she is unhappy with the Council’s decisions.

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Final decision

12. We will not investigate Mrs X’s complaint because the ICO is best placed to deal with her complaint about the Council’s refusal to share information with her. Mrs X also has rights of appeal to the Planning Inspector about the Council’s planning decisions and there is no reason why she cannot pursue these if she is unhappy with the Council’s decisions.

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Investigator's decision on behalf of the Ombudsman