The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council has delayed dealing with his freedom of information requests regarding planning applications at a neighbouring property. Also, that it has refused to deal with his concerns under stage 2 of its complaint procedure. There is insufficient injustice to investigate. Mr X may reasonably return to the Information Commissioner.
The complaint
Mr X complains the Council delayed providing information requested in June regarding planning applications at a neighbouring property. The Council supplied the information on 6 October 2022. Mr X says this followed his complaint to the Information Commissioner who found the Council had failed to respond to the freedom of information request within the required 20 working days and directed that it should do so.
Mr X complains the Council failed to supply further information requested on 7 October. He says the Council has also refused to deal with his complaint at stage 2 of its complaint procedure. The Council says there is no merit in investigating further.
Mr X says the Council has caused him stress and frustration. He wants the Council to provide the information requested in October.
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: any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6)) 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 Mr X’s information and comments. I have considered Mr X’s recent complaints to the Ombudsman. This includes our final decision dated 23 September 2022 (reference 22 000 729) concerning activities at the neighbouring garage.
My assessment
I will not investigate Mr X’s complaint for the following reasons: There is insufficient injustice caused to Mr X by the Council’s handling of his freedom of information requests and complaint handling.
If Mr X needs information, he can reasonably return to the Information Commissioner (see paragraph 5 above).
It is not a good use of limited public resources to investigate this complaint. A planning file is an open document and Mr X should be able to see information, relevant to any decision, via the Council’s website or at its office. I understand Mr X continues to have concerns about the actions of the Council’s planners relating to a neighbouring garage. He has submitted a further complaint to this office and, if necessary, information can be obtained in relation to that complaint.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council has delayed dealing with his freedom of information requests regarding planning applications at a neighbouring property. Also, that it has refused to deal with his concerns under stage 2 of its complaint procedure. There is insufficient injustice to investigate. Mr X may reasonably return to the Information Commissioner.
Investigator's decision on behalf of the Ombudsman