The Ombudsman's final decision
Summary: We will not investigate this complaint about matters arising from the Council’s handling of a planning application. It would be reasonable for the complainant to use relevant rights of appeal and court remedies, and to take information complaints to the Information Commissioner who is better placed to consider them.
The complaint
Mr B complains about the Council’s handling of his planning application, especially the use and wording of planning conditions when it granted permission, the delay in issuing a decision, alleged collusion with officers from another council, misfeasance by officers, discrimination on grounds of sexual orientation, and the Council’s handling of data protection and information requests. He says this has caused him and his partner significant distress and unnecessary costs.
The Ombudsman’s role and powers
We also normally expect someone to refer the matter to the ICO 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 the complainant and the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
If Mr B and his partner were unhappy about any delay in the Council deciding their planning application or the conditions it imposed it would have been reasonable for them to appeal to the Planning Inspectorate.
We have no power to decide claims of discrimination or of misfeasance, which are more properly for the courts because they engage specific legal tests. It would therefore be reasonable for Mr B to pursue these claims in court.
The ICO has specific powers in law to decide whether the Council is in breach of the relevant law, but we do not, so it would be reasonable for Mr B to go to the ICO with his information complaints.
Final decision
We will not investigate Mr B’s complaint because it would be reasonable for him to use his rights of appeal and court remedies, and to take his information complaints to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman