Summary: We will not investigate this complaint about access to information because the Information Commissioner is better placed to advise on these matters.

The complaint

1. Mr X says he has been the subject of a fraud investigation by the Council and has lost his business as a result. He wants to see the Council’s evidence. The Council refused his 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 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible to ensure Mr X’s anonymity.
6. Mr X disputes any wrongdoing. He asked to see the Council’s evidence. The Council refused his request. The Council said that disclosing its evidence could prejudice ongoing investigations.
7. We do not decide whether the Council should share information with Mr X. The Information Commissioner is better placed to advise on matters relating to access to information. There is information on the Information Commissioner’s website which might be helpful.

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Final decision

8. We will not investigate Mr X’s complaint because Information Commissioner is better placed to advise on matters relating to access to information.

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Investigator's decision on behalf of the Ombudsman