Summary: We will not investigate this complaint about the actions of the Council’s planning department or how the Council dealt with a Freedom of Information request. This is because the complainant has appealed to the Planning Inspector and his concerns about how the Council dealt with his request for information are best dealt with by the Information Commissioner’s Office.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about the actions of the Council’s planning department. He says it failed to comply with its statutory and common law duties as a Local Planning Authority and did not comply with national planning policies and government guidance. Mr X has also complained about how the Council dealt with his Freedom of Information request. Mr X says the Council’s actions impacted his appeal to the Planning Inspectorate.

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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.
3. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
4. 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.

5. 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

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has raised many concerns about the Council’s planning department. But these matters are related to Mr X’s appeal to the Planning Inspector. The Ombudsman cannot investigate when someone has already appealed to the Planning Inspector. This is the case even if the appeal did not address all the issues complained about or provide a complete remedy for the alleged injustice suffered.
8. Mr X has also complained about how the Council dealt with his freedom of Information (FOI) request. However, Mr X can appeal to the Information Commissioner’s Office (ICO) if he is unhappy with how the Council dealt with his FOI request. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mr X’s concerns.

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Final decision

9. We will not investigate Mr X’s complaint because he has already used his right of appeal to the Planning Inspector. Mr X can complain to the ICO if he is concerned about how the Council dealt with his request for information.

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Investigator's decision on behalf of the Ombudsman