The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to issue an Enforcement Notice. Ms X has already appealed to the Planning Inspector and the law says we cannot investigate a complaint if someone has appealed to a government minister. Ms X also complains the Council failed to correctly respond to a subject access request. We consider it reasonable for Ms X to complain to the Information Commissioner’s Office which deals with such matters.
The complaint
Ms X complains about the Council’s issuing of an Enforcement Notice. She also complains the Council failed to correctly respond to a subject assess 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) We investigate 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 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)) 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
Ms X says the Council did not act proportionately when it issued an Enforcement Notice.
However, Ms X has already appealed to the Planning Inspector against the notice. We cannot investigate when someone has appealed to the Planning Inspector, even if the appeal did not address all the issues complained about.
Ms X also complains the Council failed to correctly respond to a subject access request. If Ms X believes the Council is withholding information she is entitled to see, it is reasonable to expect her to complain to the Information Commissioner’s Office (ICO). This is the body set up by government to deal with information rights.
Final decision
We will not investigate Ms X’s complaint because: She has already appealed against the enforcement notice; and It is reasonable to expect her to complain to the ICO about Council’s failure to correctly respond to her subject access request.
Investigator's decision on behalf of the Ombudsman