Summary: We will not investigate Mr X’s complaint. This is because it is partly about matters we have previously considered and the remaining issues have been, or are being, considered by other bodies which are best placed to consider them.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has failed to contact him about planning enforcement cases since early 2022, has made malicious allegations about him to the police and has failed to comply with data protection regulations in response to his subject access request.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council has not responded or engaged with him on any planning enforcement cases since early 2022. We have previously considered and decided two complaints from Mr X in 2022 and 2023 about the Council’s actions in relation to enforcement action. We do not consider complaints about the same matters more than once and so we will not consider this issue again.
7. We will not investigate Mr X’s complaint about the Council not complying with data protection regulations in responding to his subject access request. This is because the matter has already been considered and decided by the Information Commissioner’s Office, which is the body set up to consider such matters.
8. We will not investigate Mr X’s complaint that the Council has made malicious allegations against him to the police. This is because the matter is already being considered by the police. It is the body best placed to consider and investigate the allegations. It is not a matter we can decide.

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Final decision

9. We will not investigate Mr X’s complaint. This is because we have previously considered the planning matter and the data issue and allegations are being, or have been, considered by other bodies best placed to consider them.

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Investigator's decision on behalf of the Ombudsman