Summary: We will not investigate this complaint about a planning enforcement notice and the Council’s information-sharing practices. It is reasonable for Mr X to use his right to appeal to the Planning Inspectorate and to contact the Information Commissioner’s Office.

The complaint

1. Mr X complained the Council wrongly issued a planning enforcement notice and refused to engage with him to try and resolve the matter. He says the Council also failed to respond to his Freedom of Information (FOI) request, and wrongly shared his personal information with others. He says the matter has caused a financial detriment and affected the family’s health. He wants the Council to revoke the enforcement notice and comply with his FOI request.

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The Ombudsman’s role and powers

2. 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), as amended)
3. The Information Commissioner's Office (ICO) 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 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s complaint concerns a planning enforcement notice. These are served by councils where there is evidence of a breach of planning control, and they require action by the recipient to remedy the breach.
8. The recipient of such a notice has a right of appeal to the Planning Inspectorate. We will not usually investigate a complaint when someone can appeal to a government minister. The Planning Inspectorate acts on behalf of a government minister. There is not a good reason in this case for us to investigate the matter instead. We are not an appeal body, and only the Planning Inspectorate can decide whether there is a breach of planning control that requires remedial action.
9. Mr X’s complaint is also about the Council’s response to his request for information under the FOI Act 2000, and its sharing of his personal information. The ICO is the body that considers concerns about how organisations handle people’s information, and is best placed to consider these matters. There is not a good reason for us to consider these complaints instead.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable for him to use his right to appeal to the Planning Inspectorate and to refer his information complaints to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman