Summary: The Ombudsman will not investigate this complaint about the Council not providing the complainant information about a planning application. The complainant can take the matter up with the Information Commissioner.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has not provided information he has requested about a planning application.

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The Ombudsman’s role and powers

2. 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)
3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). We usually expect people to refer complaints about freedom of information matters to the Information Commissioner.

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How I considered this complaint

4. I have considered what Mr B said in his complaint. Mr B commented on a draft before I made this decision.

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What I found

5. Mr B asked the Council for some specific information about a planning application. He told the Council he would complain to us if it did not provide it.

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Final decision

6. I have decided we will not investigate this complaint. This is because Mr B can request the information he wants under the Freedom of Information Act 2000 and refer the matter to the Information Commissioner if necessary.

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Investigator's decision on behalf of the Ombudsman