Durham County Council (20 005 244)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 25 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not providing a document requested under the Freedom of Information Act. The complainant can raise the matter with the Information Commissioner and appeal to a tribunal if necessary.
The complaint
- The complainant, who I refer to here as Mr B, is seeking to resolve water ingress issues at a property he inherited in 2013. He has complained the Council will not provide a copy of a plan relating to works carried out in 1989 which he believes are responsible for the current issues.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)(a), as amended)
- The Information Commissioner's Office considers complaints about freedom of information. There is a right of appeal against Its decision notices to the First Tier Tribunal (Information Rights). We normally expect complainants to refer complaints about freedom of information to the Information Commissioner.
How I considered this complaint
- I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before I made this decision.
What I found
- Mr B inherited a property in 2013. He is unhappy with the Council’s response to a request for documents he made under the Freedom of Information Act 2000. In particular, he says the Council has not provided a plan for works carried out at an adjoining property following a planning application in 1989.
- The Council says it has provided all the information it has but its retention policy does not require it to keep documents from 1989.
Final decision
- I have decided we will not investigate this complaint. This is because Mr B can complain to the Information Commissioner and appeal to a tribunal if necessary.
Investigator's decision on behalf of the Ombudsman