Summary: We will not investigate this complaint about the process the Council followed before deciding to issue an enforcement notice on Mr X’s property. It is reasonable to expect him to have used his right to appeal to the Planning Inspector. It is also reasonable to expect Mr X to complain to the Information Commissioner’s Offiicer with his concerns about access to information.

The complaint

1. Mr X complains the Council has misused its enforcement powers when it issued an enforcement notice for his property. He says it:
• failed to verify documents
• failed to check facts
• refused to answer questions
• failed to have regard to statutory tax designations; and
• failed to act transparently.
2. Mr X wants the Ombudsman to require the Council to:
• withdraw the enforcement notice
• apologise
• train staff; and
• implement new procedures

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
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.

6. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
7. 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

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

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My assessment

10. Mr X says the Council has misused its enforcement powers when it issued a planning enforcement notice against his property. He wants it to withdraw the notice.
11. The Ombudsman cannot require the Council to withdraw the enforcement notice. Mr X had the right to appeal to the Planning Inspector if he believes the Council failed to consider all relevant information before issuing the enforcement notice.
12. The Ombudsman will not usually investigate when someone had a right to appeal to the Planning Inspector, even if the appeal would not have addressed all the issues complained about. The Planning Inspector has the power to quash enforcement notices which appears to be the main outcome Mr X is seeking. Therefore, we will not investigate this complaint as I consider it would have been reasonable for Mr X to have used his right to appeal.
13. If Mr X believes the Council is withholding information he is entitled to see, it is reasonable to expect him to complain to the Information Commissioner’s Office (ICO). This is the body set up by government to deal with information rights.

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Final decision

14. We will not investigate Mr X’s complaint because:
• It is reasonable to expect him to have exercised his right to appeal to the Planning Inspector; and
• It is reasonable to expect him to complain to the ICO with his concerns about access to information.

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Investigator's decision on behalf of the Ombudsman