The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with the complainant’s planning applications and her request for information. This is because the complainant has appealed to the Planning Inspector. The Information Commissioner’s Office is best placed to deal with the complainant’s concerns about how the Council dealt with her request for information.
The complaint
The complainant, whom I shall refer to as Mrs X, has complained about how the Council dealt with her planning applications. She has also complained about how the Council dealt with her Freedom of Information (FOI) request.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Mrs X’s complaint about the Council’s decision to refuse her planning applications. This is because she has appealed to the Planning Inspector. The Ombudsman cannot consider complaints when the matter complained about has already been appealed.
Mrs X has raised many concerns about how the Council dealt with her planning applications. But the Council’s handling of the planning applications is related to the planning decisions which have 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.
Mrs X has also complained about how the Council has dealt with her request for information. However, she can complain to the Information Commissioner’s Office (ICO) if she is concerned about how the Council dealt with her FOI request. The ICO is the independent body set up to uphold information rights and is best placed to deal with Mrs X’s concerns.
Final decision
We will not investigate Mrs X’s complaint because she has appealed to the Planning Inspector. The ICO is best placed to deal with Mrs X’s concerns about how the Council dealt with her request for information.
Investigator's decision on behalf of the Ombudsman