North Yorkshire Council (24 002 057)
Category : Planning > Planning applications
Decision : Closed after initial enquiries
Decision date : 04 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Councils actions relating to Mr X’s concerns about a footpath diversion. This is because we have previously considered the complaint.
The complaint
- Mr X complains about the Council’s actions connected to a public footpath diversion. He also says the Council refuses to provide him with information he has requested.
The Ombudsman’s role and powers
- 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 there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X previously complained about the Council’s actions connected to the diversion of a public footpath. We considered this complaint in 2021 and decided not to investigate Mr X’s complaint as there was no evidence of fault with how the Council considered his complaint.
- We will not reconsider matters that we have already decided on. Therefore, this complaint is a repeat complaint and is invalid.
- Mr X also complains the Council refuses to give him information he has asked for. I will not investigate this part of the complaint as Mr X says he has already complained to the Information Commissioner (ICO). The ICO is best placed to consider this part of his complaint.
Final decision
- We will not investigate Mr X’s ’s complaint. We have previously considered the complaint about the Council’s actins connected to the footpath. And the ICO is best placed to consider this part of his complaint.
Investigator's decision on behalf of the Ombudsman