Summary: We cannot investigate this complaint that the Council delayed processing an application for a Definitive Map Modification Order and failed to properly respond to his request for information. The is because the complainant has appealed to the Planning Inspectorate and can complain to the Information Commissioner.

The complaint

1. The complainant, who I will call Mr X, complains that the Council have taken too long too long to consider an application he made to modify a right of way on the definitive map. Mr X also complains about how the Council dealt with his requests for information under data protection regulations and how it dealt with his complaints about these matters.

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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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In September 2019 Mr X submitted an application for a Definitive Map Modification Order (DMMO) to amend a right of way on the definitive map, a legal record of the public’s rights of way. He complains that the Council has delayed processing the application and has failed to properly respond to his Freedom of Information requests and Subject Access Requests.
8. I cannot investigate Mr X’s complaint that the Council delayed considering his DMMO application. This is because Mr X has appealed the delay to the Secretary of State. It will decide if the Council should be directed to make a decision. Mr X’s appeal places the matter outside of our jurisdiction. Once a decision is made, Mr X will have a further appeal right to the Secretary of State if he disagrees with the outcome.
9. I will not investigate how the Council has responded to Mr X’s requests for information. This is because he can complain to the Information Commissioner who is best placed to deal with such matters.
10. Finally, Mr X is unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

11. We will not investigate Mr X’s complaint because he has appealed to the planning inspectorate about delays to his DMMO application and because he can complain to the Information Commissioner about how the Council dealt with his requests for information.

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Investigator's decision on behalf of the Ombudsman