Summary: We will not investigate this complaint. This is because we will not investigate a complaint which we have already considered and there is another body better placed to consider the rest of Mr Y’s complaint.

The complaint

1. Mr Y complains the Council has failed to challenge the local water company when it decided not to adopt a sewer located outside his property. He also complains the Council did not respond to his request for information.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. The Information Commissioner's Office 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 consider the information Mr Y provided and the decision in a previous complaint he raised with us in 2018. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. We considered Mr Y’s complaint about the drainage in 2018 and made a final decision (18000350). Mr Y has now raised the same issue with us again. We will not look at this issue again as we cannot look at the same complaint twice.
6. Mr Y also complains the Council has failed to provide a response to a Freedom of Information request he made in 2020. As the Information Commissioner’s Office (ICO) is set up to consider this type of complaint it is reasonable to expect Mr Y to refer his complaint to the ICO as it is better placed than the Ombudsman to consider such a complaint. Consequently, we will not investigate this complaint.

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Final decision

7. We will not investigate this complaint. This is because we will not investigate a complaint which has already been considered and there is another body better placed to consider the rest of Mr Y’s complaint.

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Investigator's decision on behalf of the Ombudsman