Summary: We will not investigate this complaint about the way the Council is considering a planning application. Or about the Council withholding information. We do not consider the complainants have suffered a significant personal injustice as the Council has not decided the planning application. And they have already complained to the Information Commissioner about access to information.

The complaint

1. Mr and Mrs X complain about the way the Council is considering a planning application for a listed building near their home. They are also concerned the Council is withholding information they have requested under the Freedom of Information Act.

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The Ombudsman’s role and powers

2. 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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement: or
• 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

3. I considered information provided by Mr and Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr and Mrs X says that the Council’s handling of a planning application to develop a listed building near their home is seriously flawed. They say this may lead to the loss of the listed building.
6. The Council’s website states that no decision has yet been reached on the planning application. The Ombudsman would not investigate a complaint where the injustice was speculative and so will not investigate this complaint at this stage. If planning permission is granted Mr and Mrs X may make a complaint to this office.
7. Mr and Mrs X also complain the Council is withholding information they have requested under the Freedom of Information Act. They confirm they have already complained to the Information Commissioner.
8. We will not investigate this point as Mr and Mrs X have already complained to the Information Commissioner (ICO). The ICO is best placed to consider their concerns about access to information.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because they have not suffered a significant personal injustice as the Council has not decided the planning application.
10. Also, Mr and Mrs X have already complained to the ICO about their concerns about access to information.

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Investigator's decision on behalf of the Ombudsman