The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with Mr X’s reports of breaches of planning control and a retrospective planning application. We have already considered these matters under a previous complaint and will not do so again. Mr X also complains about the Council’s responses to his requests for information. We consider it reasonable for him to complain to the Information Commissioner’s Office on this point.
The complaint
Mr X complains: about the way the Council dealt with a breach of planning control and a retrospective planning application; and the way the Council responded to requests for information made under the Freedom of Information Act.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We previously considered a complaint about how the Council dealt with Mr X’s reports of breaches of planning control and the way it considered a retrospective planning application. We do not accept repeat complaints so I will not investigate these matters again.
If Mr X is unhappy about how the Council has dealt with his request for information, he can complain to the Information Commissioner's Office (ICO), which is better placed to consider complaints of this nature. This is the body set to deal with access to information concerns and there is no reason why Mr X should not approach the ICO on this point.
Final decision
We will not investigate Mr X’s complaint because: We have previously considered his complaint about the way the Council dealt with his report of breaches of planning control and a retrospective planning application.
It is reasonable to expect Mr X to complain to the ICO about the way the Council dealt with his requests for information.
Investigator's decision on behalf of the Ombudsman