Summary: We will not investigate this complaint about how the Council dealt with a planning application. This is because the complaint is late. The complainant can complain to the Information Commissioner’s Office if she is concerned about how the Council handles her personal information.

The complaint

1. Ms X has complained about how the Council dealt with her neighbour’s planning application and its decision to grant planning permission. Ms X has also complained the Council shared her complaint with a third party without permission. Ms X says she has been caused significant distress by the matter.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X has raised many concerns about how the Council dealt with her neighbour’s retrospective planning application. Ms X says the Council has given her neighbour permission to develop property in her ownership and did not make the application details available for public viewing.
7. I consider Ms X’s complaint about the retrospective application late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. The Council granted retrospective planning permission a few years ago. Ms X knew about the issues she has complained about at the time and commented on the application. I see no good reason to exercise discretion to investigate as Ms X could have complained to the Ombudsman sooner.
8. Furthermore, it is not for the Council to get involved in land ownership issues. Instead, this will be a private civil matter between Ms X and her neighbour.
9. Ms X has also complained the Council shared her complaint details with a third party. However, Ms X can complain to the Information Commissioner’s Office if she is concerned about how the Council handles her personal data as this is the appropriate body to consider complaints about these matters.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because her complaint is late. Ms X can complain to the Information Commissioner’s Office if she is concerned about how the Council handles her personal data.

Back to top

Investigator's decision on behalf of the Ombudsman