Summary: We will not investigate this complaint about the conduct of Council officers in their handling of a planning application. This is because there is no evidence fault by the Council has caused Ms X significant injustice and because matters concerning Council responses to FOI requests can be referred to the Information Commissioner.

The complaint

1. The complainant, who I refer to Ms X, complains about the conduct of Council officers in their handling of a planning application for a development in her road. She says she has been caused significant injustice including the compromise of highway safety and increased traffic congestion.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. ( Local Government Act 1974, section 24A(6))

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). 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

4. I considered information provided by Ms X and the Council, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Following a grant of planning permission for a development in Ms X’s road, the Council received a further application relating to conditioned details for electric car charging points and refuse storage. Ms X made a complaint to the Council about its handling of this application, along with various FOI requests related to it.
7. She has said her complaint is not about the original granting of planning permission for the development but about the conditions application concerning electric car charging points and refuse storage.
8. Ms X says her road will be regularly congested as a result of the conditions application receiving permission and that it will be unsafe to walk past the development once a week when the refuse truck is collecting waste. However, while Ms X’s strength of feeling is acknowledged, the injustice claimed is not at a level which warrants investigation of the complaint by the Ombudsman.
9. FOI matters are best dealt with by the Information Commissioners Office and so we will not investigate Ms X’s concerns about the Council’s responses to her FOI requests.

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Final decision

10. We will not investigate Ms X’s complaint because there is no evidence fault by the Council has caused her significant injustice and because matters concerning Council responses to FOI requests can be referred to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman