The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to disclose information held by the planning authority to Mr X under a Freedom of Information request. It is reasonable for Mr X to make a complaint about disclosure to the office of the Information Commissioner which is the proper authority to consider complaints about access to data.
The complaint
Mr X complained about the Council’s refusal to give him access to information about the former use of a neighbouring property which he says is being converted to use as a house in multiple occupation (HMO). He says the Council should require the owners to apply for planning change of use and disputes there is evidence which shows this is not required.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the house next door was sold and the new owners have been converting it to separate accommodation units which he has heard will be used for student accommodation. The owners informed the Council that it has been previously used by 3 persons and does not require planning permission to be used as a HMO. Mr X says the property was empty for a year previously and disputes the claim.
Mr X complained to the Council and it told him it had evidence from council tax records that the property was occupied as it is claimed. Mr X asked for copies of the evidence but the Council refused to send it. Mr X made a Freedom of Information request to have the information with the names of the persons redacted. The Council told him that it was third party information and it has no authority to disclose this data to him. He was given details of how to contact the office of the Information Commissioner if he wished to challenge the decision.
We will not investigate complaints about access to information. The Information Commissioner is the proper authority to consider these matters and it is reasonable for Mr X to make a complaint.
We can consider planning enforcement matters but the Council does not require planning permission for the conversion and so it would not be able to take any action for a breach of planning regulations if the property is used as a HMO.
Final decision
We will not investigate this complaint about the Council’s refusal to disclose information held by the planning authority to Mr X under a Freedom of Information request. It is reasonable for Mr X to make a complaint about disclosure to the office of the Information Commissioner which is the proper authority to consider complaints about access to data.
Investigator's decision on behalf of the Ombudsman