Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning application. This is because the complainant has appealed to the Planning Inspector. The complainant’s concerns about how the Council dealt with her information request are better dealt with by the Information Commisioner's Office.

The complaint

1. Ms X has complained about how the Council has dealt with her planning application and its decision to refuse planning permission. Ms X has also complained about how the Council dealt with her request for information.

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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 law says we cannot normally investigate a complaint when someone can appeal to a government minister. 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)(b), as amended)
5. 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.

6. 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))

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How I considered this complaint

7. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

8. The Ombudsman cannot investigate Ms X’s complaint about the Council’s decision to refuse her planning application. This is because she has appealed to the Planning Inspector about the Council’s decision and the Ombudsman cannot investigate matters where someone has already used their appeal right.
9. I understand Ms X’s complaint also relates to how the application was handled by the Council. But how the Council dealt with the application is related to the planning decision which has been appealed. The Ombudsman cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
10. Ms X has complained she has been visited by enforcement officers from the Council. But councils are required to consider possible breaches of planning control and Ms X will have the right to appeal to the Inspector if enforcement action is taken.
11. Ms X is also unhappy with how the Council dealt with her request for information. However, Ms X can complain to the Information Commissioner’s Office (ICO) if she is concerned about how her information request was dealt with as this is the appropriate body to consider complaints about these matters.

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Final decision

12. We will not investigate Ms X’s complaint because she has appealed to the Planning Inspector. Ms X’s concerns about how her request for information was dealt with are best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman