Summary: We will not investigate this complaint about how the Council publishes documents relating to planning applications on its website. This is because there is another body better placed to consider the complaint.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council publishes documents relating to planning applications on its website. Mr X says the Council redacts all photographs relating to the applications. He says this puts planning applicants at a disadvantage and prevents members of the public from seeing the full application.
2. Mr X says he has been checking applications to ensure they comply with the Neighbourhood Plan and the Council’s decision to redact the documents makes this very difficult. In response to Mr X’s complaint, the Council accepted it needs to review its policy for redacting photographs. Its updated policy has since been drafted and the Council says this should be finalised soon.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint about the information the Council publishes on its website. This is because it would be reasonable for Mr X to refer the matter to the Information Commissioner’s Office (ICO) if he is concerned about how the Council handles data. The ICO is the appropriate body to consider complaints about these matters and has specific powers and expertise to investigate the Council’s information handling practices.

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Final decision

7. We will not investigate Mr X’s complaint because the ICO is the appropriate body to consider his concerns about how the Council handles its data.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman