The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council lied about matters relating to a planning application. This is because the events happened too long ago, and the matter has been subject to appeals to the Planning Inspectorate and the courts.
The complaint
The complainant, who I will call Mr X, complains about matters relating to planning applications he made in the 1990s. He says this has caused him financial and personal hardship. He also complains that the Council recently failed to respond to his correspondence about these matters.
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 tribunal or a government minister, or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) The Planning Inspector acts on behalf of the responsible Government minister. a planning enforcement notice.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint that the Council lied about matters relating to a planning application. This is because the matter has been subject to appeals to the Planning Inspectorate and has been subject to court proceedings. Both facts place this complaint outside of our jurisdiction Furthermore, the events happened more than twenty years ago so even if they had not been subject to these appeals, we would not consider it further because the complaint is made late.
I will not investigate Mr X’s complaint that the Council failed to respond to his correspondence. The Council has now provided Mr X with copies of its responses, which were sent to his solicitor. If Mr X feels the Council is withholding information about the issues, he raises he can appeal to the Information Commissioner who is better placed to deal with such matters.
Final decision
We will not investigate Mr X’s complaint because the events happened too long ago and have been subject to an appeal to the Planning Inspectorate and court proceedings.
Investigator's decision on behalf of the Ombudsman