Summary: We will not investigate this complaint about the Council’s refusal to let a commercial property to the complainant. There is not enough evidence of fault to justify an investigation.

The complaint

1. The complainant, I shall call Mr B, says the Council refuses to tell him why it refuses to let a commercial property to him. He also complains it refuses to provide information he has asked for.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating
• further investigation would not lead to a different outcome

(Local Government Act 1974, section 24A(6))

3. The Information Commissioner's Office (ICO) 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.

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How I considered this complaint

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

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My assessment

6. Mr P applied to the Council to rent a commercial property from the Council. He proposed to run a café.
7. The Council says it assessed the applications it received, and the proposed rental income was not the only consideration. It decided to let the property to a third party.
8. Mr P demanded to know why his application was refused. The Council explained it wants to ensure there are various trades and business in the area. There are already several cafés close to the rental property. The successful applicant proposes a business which does not exist in the immediate area.
9. From the information I have seen, the Council has explained to Mr P why it refused his application.
10. Mr P says the Council has refused to give him information about the other applicants.
11. It is reasonable for him to go to the Information Commissioner if:
• the Council fails to deal with a freedom of information request
• delays in dealing with a freedom of information request
• does not supply all the information requested.
12. The Information Commissioner is the body established in law to deal with such matters and has the power to ensure the law is upheld.

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Final decision

13. We will not investigate Mr P’s complaint. There is not enough evidence of fault in the Council’s actions. And he can complain to the ICO if he believes the Council is withholding information he is entitled to see.

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Investigator's decision on behalf of the Ombudsman