The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Authority dealt with a planning application. This is because it is not yet possible to determine if the complainant has suffered significant injustice as a result of the alleged fault. The Information Commissioner’s Office is the appropriate body to consider the complainant’s concerns about how the Authority dealt with his request for information.
The complaint
Mr X has complained about how the Authority has dealt with a planning application for a development near his home. Mr X has also complained about how the Authority handled his request for information.
The Ombudsman’s role and powers
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: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Mr X has raised many concerns about how the Authority has dealt with a planning application for a development in the area where he lives. However, the Authority has not yet determined the application. As planning permission has not been granted, any injustice would be speculative and insufficient to warrant an investigation. Mr X can return to the Ombudsman and make a new complaint if planning permission is granted in the future.
Mr X has also complained about how the Authority dealt with his request for information. However, Mr X can complain to the Information Commissioner’s Office (ICO) if he is concerned about how the Authority dealt with his information request as this is the appropriate body to consider complaints about these matters.
Final decision
We will not investigate Mr X’s complaint because it is not yet possible to determine if he has suffered significant injustice as a result of the alleged fault. Mr X can complain to the ICO if he is concerned about how the Authority dealt with his request for information.
Investigator's decision on behalf of the Ombudsman