The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to allow permitted or approved development and demands the complainant provided information she does not have to progress her planning applications. She has a right to appeal to the Planning Inspector against the Council’s decision to refuse planning applications, or if it fails to determine planning applications. Also, it is reasonable to expect her to complain to the Information Commissioner with concerns about breaches of data protection regulations.
The complaint
Ms X complains that the Council: Refuses to allow permitted or approved development; Demands she provides information for her planning applications that she does not have; and Allows defamatory information about her to be posted online.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The Planning Inspector acts on behalf of the responsible Government minister. 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.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not consider Ms X’s complaints about the Council’s refusal to allow permitted or approved development. Or about it asking her for information she cannot provide to further her planning applications.
Ms X can appeal to the Planning Inspector against the Council’s refusal of her planning applications, or if it fails to determine her applications with relevant deadlines. She can also appeal against any Enforcement Notice she may receive. This part of her complaint is therefore outside our jurisdiction.
She further complains the Council allowed defamatory information about her to be posted online.
The Council confirmed it removed certain comments which had been posted on its planning pages about her planning applications. It also confirmed it removed her husband’s personal data. If Ms X has further concerns on this point it is reasonable to expect her to complain to the Information Commissioner’s Office which deals with complaints about data protection issues
Final decision
We will not investigate Ms X’s complaint because: She has a right to appeal to the Planning Inspector against the Council’s refusal of planning applications, failure to determine planning applications and issuing of enforcement notices.
It is reasonable to expect Ms X to complain to the ICO if she considered the Council has breached its data protection regulations.
Investigator's decision on behalf of the Ombudsman