Summary: We will not investigate this complaint about the actions of officers and the way the Council responded to a request for information. We consider that further investigation will not lead to a different outcome and we cannot achieve the outcomes the complainant is seeking.

The complaint

1. Mrs X complains the Council failed to upload all planning objections or give an unbiased presentation when its planning committee considered an application for a site close to her home.
2. She also says:
• The planning officer lied to the planning committee and their line manager failed to investigate her concerns about this.
• The Council failed to engage with a Freedom of Information (FOI) request and deleted requested information to avoid disclosure.
• The Council then failed to engage with the Information Commissioner’s Office (ICO) complaint and the ICO had to serve an Information Notice to compel compliance.
• The Council has failed to take any action against the relevant officers.
3. Mrs X wants the Council to:
• Report the planning officer to the Royal Town Planning Institute (RTPI).
• Discipline or remove the Head of Planning.
• Be required to publicly tell committee members when officer lie to them: and
• Create a procedure for investigations when FOI responses reveal officer misconduct.

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The Ombudsman’s role and powers

4. We investigate 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 continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mrs X has already complained to the ICO about the Council’s actions in response to her request for information. The ICO is the appropriate body to consider complaints about access to information rights. Further investigation by us will not lead to a different outcome.
8. I understand Mrs X wants officers disciplined. The law prevents us from becoming involved in personnel matters.
9. We cannot require the Council to publicly advise members if an officer lies to them.
10. The Council has also confirmed it is considering reporting the planning officer to the RTPI. Also, officers have been reminded to ensure all representations on planning applications are published when received.

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Final decision

11. We will not investigate Mrs X’s complaint because we consider that further investigation will not lead to a different outcome. Also we cannot achieve the outcomes she is seeking.

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Investigator's decision on behalf of the Ombudsman