The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration and subsequent approval of a planning application. There is insufficient evidence of fault to justify an investigation.
The complaint
The complainant, I shall call Mrs B, says the Council: breached the General Data Protection Regulations (GDPR) by divulging her personal information to a neighbour failed to consider her human rights; and failed to fully consider her complaint
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating we could not add to any previous investigation by the organisation further investigation would not lead to a different outcome (Local Government Act 1974, section 24A(6)) 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 Mrs B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The government’s current guidance on planning enforcement is set out in the National Planning Policy Framework (2019) and, in more detail, in its online guidance, ‘ Ensuring effective enforcement’ in which it states ‘’Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development, and take action where appropriate.’’ In deciding whether it is expedient to start enforcement action, councils will consider several factors including national and local planning policies and whether the development as built may be granted planning permission. Councils must balance protecting other residents’ amenity and permitting development they believe is acceptable.
The Council confirms that, following a site visit, Mrs B’s neighbour put in an application for a new area of raised patio. Mrs B objected to the application.
A Case Officer wrote a report on the proposal. This includes a summary of Mrs B’s objections. The report lays out what legislation has applied to the case and why the officer has made their recommendation. The officer decided the application would provide little (if any) increase in the existing overlooking of Mrs B’s rear garden. This is a professional judgement and decision the officer is entitled to make.
Final decision
We will not investigate Mrs B’s complaint because: There is insufficient evidence of fault to justify an investigation; and The Information Commissioner’s Office is the appropriate organisation to consider complaints about breaches of the GDPR.
Investigator's decision on behalf of the Ombudsman